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Should I still go to court?

Winder, GA |

I'm set to go to mediation in a few days, but my attorney is required to appear for a peremptory calendar at the end of the month. Should I still go to mediation?

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Filed under: Mediation
Attorney answers 5


You have not said anything about your case, the status of the case, or the likelihood of success at trial. Frankly, you need to contact your attorney and find out what is going on. Ending a case is usually a good thing as people can put the conflict behind them. If you can end the matter at mediation, you will save yourself the trouble of a trial.

The information provided should not be considered legal advice. I am not licensed to practice in any State other than SC. The results of your case will depend on the presentation of evidence, the law and other factors that may change depending on an in depth analysis of the facts of the case. Please see an attorney before making legal decisions.


Yes you absolutely should go! Calendar calls of any type have a certain element of unpredictability to them. The Judge could just be asking for a status report in which case your attorney will likely report that you are going to mediation at the end of the month or the Judge could be asking for more. Unless your attorney has told you not to go to mediation, you absolutely should go.


Since you have an attorney that you retained and have shown confident, you need to seek the advice and guidance of that attorney who have the entire picture of your case and circumstances and not just a small piece of your situation.


You did not say what kind of case you have or what county it is in. It depends on both. Best answer is to ask your attorney if you have to attend. If you cannot get an answer from your attorney then it is best to appear. Better to be safe than sorry. And if you cannot get an answer from your attorney about a simple question like this, you may want to question the quality of your representation.


I would echo the common theme from my colleagues above -- do what you attorney advises. That said, as a mediator who handles about 250 mediations a year, I find the role of attorney at a mediation is critical for most cases. If your mediation can be reset for a time when your attorney can attend, that is probably the way to go.

This communication does not establish an attorney-client relationship between the recipient and Murphey's Law Firm, LLC or any of its principals or employees. The information contained herein is of a general nature, and based upon a cursory understanding of the operative facts. No specific action should be taken based upon this information without first consulting an attorney who can make a full investigation and provide a thoughtful and fully researched opinion.