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Pertaining to a libel, slander suit. I am the defendant. Can I present an email from a 3rd person during the mediation process?

Fort Lauderdale, FL |

Plaintiff is suing for $15,000 with no proof of libel, slander or defamation of character. Mediation is scheduled. Do most of the cases get dismissed at this point? There is very little evidence that the plaintiff is trying to scrounger up. This individual sees dollar signs and is trying to capitalize on this. Several people posted on social media that this woman is a scam artist, but she has targeted me. Googling her name comes up with negative feedback. Any recommendations to help me get this dismissed?

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Attorney answers 3

Best Answer
Posted

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.

Asker

Posted

Thank you for taking the time to respond. We are both Pro Se. The plaintiff is somewhat off her rocker and I think once she opens her mouth the mediator will pick up on that. He stated that he can settle about 60% of the cases brought to his attention. Hope he can put this one to bed.

Paula Brown Sinclair

Paula Brown Sinclair

Posted

Unless the plaintiff suddenly gets real about a claim wholly lacking in merit, or you are willing to settle at nuisance value, no mediator, no matter how adept, will "put this one to bed." I stand by my suggestion to retain counsel and consider an aggressive response that threatens her income and assets.

Asker

Posted

Thank you for responding. I will consider your suggestion for counsel.

Posted

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.

Posted

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?

Legal Disclaimer:

If this information has been helpful, please indicate below.

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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