My daughter has a trial before court date in a couple of weeks.
Her "new" lawyer lied and told her the judge had ordered her to mediation (there is no such order, not signed and not on file).
She only has enough money for the actual trial itself and not the additional $5,000 for a full day of mediation.
If there’s no signed order, I don’t want her to agree to mediation.
Questions:
1. If, at the trial, the judge actually DOES order mediation, can’t her lawyer plea Financial Hardship as a reason why my daughter can’t goto mediation?
2. If the judge doesn’t accept Financial Hardship, can’t her lawyer demand that all mediation costs be paid by her to-be-Ex ??
3. Is there any other acceptable way for her or her lawyer to get out of going to mediation ??
Thanks for your help.
Thank you all for your answers (except for hex of course…. grow up).
The judge set the trial date 2 months ago. I guess all she can do is show up for the mediation and hope his lawyer doesn’t screw her over. As for the $5K, it’s nothing considering she’s already paid $30k for absolutely nothing.
The only good lawyer really is a dead lawyer.
1. If, at the trial, the judge actually DOES order mediation, can’t her lawyer plea Financial Hardship as a reason why my daughter can’t goto mediation?
How do you know it was not a judicial bench order? The fact is, if mediation has been ordered and she shows up in court without having participated, the judge is well within discretion to rule in the other party’s favor without giving her another chance.
As for financial hardship, that is not an option to opt out of mediation.
2. If the judge doesn’t accept Financial Hardship, can’t her lawyer demand that all mediation costs be paid by her to-be-Ex ??
He can ask but it is up to the court and in many states, by statute, there is no discretion here. The court is bound by statute to tax BOTH parties an equal share of the mediation.
Even in states where mediation is not taxed equally, the court normally orders the party NOT cooperating to shoulder the extra expense for the mediation.
3. Is there any other acceptable way for her or her lawyer to get out of going to mediation ??
Yes, either die before trial or agree to stipulations offered by the other party.
Instead of helping your daughter thumb her nose at the judicial system, it would be nice to finally see a parent teach their child to accept responsibility.
That is obviously not the case here.