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Does the plaintiff or the defendant chose to go to mediation? |
Does the plaintiff or the defendant chose to go to mediation? It needs to be agreed by both parties. (The first step to show they are willing to come to an agreement. If they do not agree, then an order from a judge is then set.) Its an option offered to both Either party can initiate it. Both must agree to it, voluntarily. The defendant if the Plaintiff also agrees. They both have to agree on mediation. Usually the mediation fee is split, but not always. Sometimes the defendant pays the whole fee in the hopes that the plaintiff will settle at mediation. Mediation is not binding, as opposed to arbitration. In other words, it may be a complete waste of time to go to mediation, but more often than not, the matter settles and you avoid the expense of a long drawn-out litigation and trial. Generally both parties must agree to go to mediation. It can be suggested by either party. In some cases, the court or local rules may require a settlement conference, which is the same thing as a mediation, but it is manditory and the parties are required to participate in good faith. |
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Bottom Line,Cover your own butt,as know-one will do it for you. ...You question raises a number of issues. First the 'mediation' - I assume the Claimant merely ticked the little box in the Allocation Questionnaire requesting a month's stay? Don... sure they are a firm not individuals, if someone hears your case that doesnt mean they personally will represent you, the firm will. dont fret though sometimes the person taking your case is just ... Call the state bar for your state and ask for an attorney referral service. Each bar has one. ...You were the bigger person apologizing and it seems now she's using this against you, for being the guilty party. Just ignore her and certainly don't apologize again that's for sure.... Jill, I think it is an excellent idea. Just don't return the kids. You know how it works, by the time the other side hires a lawyer... I doubt with his three new kids and all he is really g... Generally I think a court can do just about anything it wants to. ...About all you can do now is to ask the judge to dismiss the case. You realize that filing a fabricated police report is a crime. ... |
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