What rights do I have in scheduling Mediation?

San Diego, CA Viewed 45 times. Posted 6 months ago in Lawsuits / Disputes

I am sueing a former property management company (I'm in pro per) and at the case management conference we both agreed to mediation. We choose the mediator (actully i let them choose and i agreed) and an alternate. The judge gave us 30 days and the defendant asked for 60, which was granted. That was about 30 days ago. The initial mediator contacted us with possible dates in mid june. I just recieved a letter from the defendant stating that they have a conflict with the initial mediator and so will be using the alternate. They also stated that thier office, not the mediator will be contating me for scheduling. I find this to be ridiculous as they choose the mediator and we are already at the 30 day marker. What can I do about this? Do they have the right to control the whole process?

Answers (2)

Kenneth Lewis Swenson

This attorney is licensed in California. Posted 6 months ago.

When scheduling a mediation, the parties often confer about the dates and then have one of the parties schedule the mediation with the mediator. You may simply wish to contact the attorney for the opposing party, confer about the dates and suggest you call the mediator to schedule the mediation, if you want to take more control of the process. Normally, the mediator sends a letter or notice confirming the mediation date and providing information about the mediation process, after the mediation is scheduled.

Edward Wallace Russey III

This attorney is licensed in California. Posted 6 months ago.

Both parties have to agree to the date of a mediation. However, in your case, there is a deadline, so there is a parameter in place. I suggest that you be as flexible as possible. Agree to as many of the dates that the other side offers as you can. Then, if it looks like they are not going to mediate by the 60th day, you can go to the judge and show him how you did everything you could to make it happen and that it was the other side that would not cooperate, that they acted in bad faith.

Best of luck to you.

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