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Alex Esquire
Alex Esquire, Attorney
Category: Business Law
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Experience:  Experienced Licensed Attorney
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My corporation is being sued in court for a $5000 bill which I am contesting. We got a su

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My corporation is being sued in court for a $5000 bill which I am contesting. We got a summons to appear for a pretrial conference in court Our contract with the other entity states that they can not commence litigation for any claim without first attending mediation. How do we go to mediation without appearing in court first?
Submitted: 5 years ago.
Category: Business Law
Expert:  replied 5 years ago.
Hello. My name is XXXXX XXXXX I will be happy to answer your question.

Unfortunately, if the other contracting party has already filed a lawsuit against your company, there is no way to go to mediation, without addressing the lawsuit first, unless the party who filed the lawsuit agrees to go to mediation.

Basically, you will have to file a motion to dismiss based on the fact that the contract in dispute requires that the parties go to mediation, before the litigation can go forward.

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