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Ely
Ely, Attorney
Category: Business Law
Satisfied Customers: 100014
Experience:  Counselor at Law.
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I wish there were a way to give you better than a $4

Customer Question

Hello, I wish there were a way to give you better than a $4 bonus, how? My new question is: I filed an appeal of 2 small claims I lost. The reason for the appeal was the magistrate made math errors on both cases and the cases were a result of splitting
cases to be under the $7000 limit in MA. At the hearing I stated that the cases were obviously the same actual case and after the magistrate discussed with her boss she heard the cases. Also, during the hearing the Plaintiff gave the magistrate documents stating
they were for the Magistrate to read, even after asking to see the documents I was not given them. Therefore my question is : I offered a settlement at the hearing, it was denied. Now the court has asked if I would like to attend mediation; given the Magistrate
errors should I deny to attend mediation and pursue the dismissal based on magistrate error in the trial scheduled for mid October of this year? Thank you, ***** *****
Submitted: 1 year ago.
Category: Business Law
Expert:  Ely replied 1 year ago.
Hello and welcome to JustAnswer. Please note:
(A) This is general information and is not legal advice. No specific course of action is proposed herein. No attorney-client relationship or privilege is formed by speaking to an expert on this site. This is repeated in numerous disclaimers throughout the site. By continuing, you confirm that you understand and agree to these terms; and (B) there may be a slight delay between your follow ups and my reply while I am typing out my answer.
I am sorry to hear about this situation
There is generally no conflict between (1) attending mediation while also at the same time (2) pursuing a dismissal motion. One can still file motions to dismiss, summary judgment, etc, while at the same time pursuing mediation.
So both can be done. Because mediation is highly encouraged, it is recommended.
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