There are no evidentiary rule in mediation, but there is also no guarantee that the opposing party will get realistic about a frivolous claim.
Proving a defamation case is extremely difficult, and the damages issue requires rigorous proof. The fastest strategy for dismissal is summary judgment. In the hands of an adept litigator, the plaintiff is put to her proof and upon her failure, judgment is entered in defendant's favor with potential for an award of attorney's fees against the plaintiff. Sometimes a targeted defendant must spend a little to teach a plaintiff like this not to suck eggs. Attorney's fee awards are an effective response to frivolous legal actions.
Best wishes for an outcome you can accept, and please remember to designate a best answer.
This answer is offered as a public service for general information only and may not be relied upon as legal advice.
Cases don't get "dismissed" at mediation. Mediation is an opportunity for both sides to discuss the pros & cons of their respective cases and try to reach a settlement. If that can't be accomplished then the case proceeds to trial unless their are motions made to dispose of the case (e.g., Motion for Summary Judgment) before trial. You should consult a lawyer before the date of mediation to discuss the strength of the plaintiff's case before you automatically "dismiss" her case as meritless.
I am not seeking to represent you based on the response to this question. The answer given is for general information purposes only. No attorney-client relationship is hereby intended.
A mediator has no power to dismiss any suit, so dismissal will not occur at any mediation. I suggest you retain an attorney to represent you at the mediation and hopefully negotiate a satisfactory resolution to the claim. Have you reported this action to your homeowners or renters insurance carrier and asked them to provide you with a defense?
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Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.
This ans. does not create an attorney/client relationship.
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