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When plaintiff makes mediation arrangements without Defendant's input, can the Defendant request changes and how?
Pinellas Park, FL
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Posted 26 days ago in Litigation
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Florida, Civil lawsuit...Defendant's lawyer set the date for mediation prior to the denfendant's release from custody by less than a month...and requested that the defendant be allowed to attend by phone due to his inability to travel. Can the Plaintiff (pro se) ask the Court to extend the mediation date so that the Plaintiff is forced to physically attend? Does the Defendant have the right to face his acuser? Why should the Defendant have to pay half the cost of a mediator SELECTED by the Plaintiff in a lawsuit full of false accusations? Can the Defendant request that the Plaintiff be responsible for all mediation costs? The Discovery process is not complete; can the Plaintiff ask for more time prior to mediation? How is this best accomplished?
Answers (1)
Bonita M. Riggens
This attorney is licensed in Florida.
Posted 25 days ago.
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The first thing to do is call the opposing attorney and/or the mediator and ask that they reschedule the medaiton. If they refuse to do so, then file a Motion to Reschedule the Mediation with the Judge presiding over the lawsuit. Both parties are required to physically attend the mediation unless excused by the Judge. That means both the Plaintiff and Defendant must be present. All mediations require the parties to equally share the costs unless other arrangements are made by the parties or by the Judge. Both parties are supposed to jointly agree to a mediator and if cannot agree the mediator is then assigned by the court. Even if you decide to continue to represent yourself, you should consider paying for a consultation with an attorney who may be able to give you specific information on how best to accomplish the things you need to do.
Bonnie Riggens Law Office of Bonita M. Riggens 669 1st Ave. N. St. Petersburg, FL 33701 Phone: 727-898-1401 Fax: 727-823-7351 Employment law representation: Contracts (Noncompete Agreements, Severance Negotiations), Defamation, Discrimination (Age, Disability, Gender, Pregnancy, National Origin, Race, Religion), Family and Medical Leave Act, Overtime Law. Privacy Law, Retaliation and Whistleblower Law, Sex Harassment, Unemployment Compensation, Unpaid Wages, USERRA |
