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I had mediation on Dec 18. Their report is clearly biased,

has omissions & errors and...
I had mediation on Dec 18. Their report is clearly biased, has omissions & errors and is slanderous to me and derogatory to my children. I have evidence of all. I met with the Mdiation Dept Mgr on the 31st and will meet with him again tomorrow. I want them to retract the report and to be able to have an unbiased mediatin report submitted. The Mgr says he cannot retract it since it has already been submitted to the court but he can write a memorandum or a supplement to the report which I don't feel undoes the negative "perception" the original report created about me, or the unnescessary derragatory things said about my kids (that they have speech impediments & seem younger than their ages of 11 & 6). Mgr told me Mediation falls under California Rules of Court 5.210. Please let me know what options I have in this situation.
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1/2/2013
LawHelpNow
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Hello Melissa,


My name isXXXXX a licensed attorney. Glad to try and help out.

Sorry for your circumstances, truly. My heart goes out to you.

Your option is indeed to supplement the already submitted report. In other words, what you've been told is correct, unfortunately. Here's the governing provision:

California Rules of Court 5.210

What has been done can't be "undone", meaning the law provides no mechanism for making the report "go away". However, you certainly can request supplementation, which is absolutely the way to go given your very understandable concerns.

I am sorry.


If you have a follow-up question or need clarification, please just say the word by using "reply" to reach me.


I hope all works out for you.

Happy New Year!

Take care,

Ben, J.D.

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Customer reply replied 4 years ago

Ben,


First, thank you for your empathy. If requesting suplementation is the best way for me to go, I will pursue that.


 


I just spent time going through Rule 5.210, I have highlighted several items which I will discuss with the manager' which I hope for him to take into account for the supplementation. There is an item I want to ask you about. In regards XXXXX XXXXX item:


 


(d) Responsibility for Mediation Services


 


(6) Suspension or discontinuance of mediation if allegation of child abuse or neglect are made until a designated agency performs an investigation and reports a case determination to the mediator.


 


Prior to mediation, I had asked for a postponement (1) because it upset my son being 2 days before his birthday (his counselor's letter outlines that he should not have been made to participate), and (2) because the paperwork they sent me does not speak to a person representing themselves (without a lawyer) and therefore I was unclear on how to submit my documents for consideration.


 


My ex has submitted an email alleging that I gave my son RX medication. I was an email from him to me that I didn't respond to. An a generic note from my son's Dr that says to whom it may concern, child shold not be given Ambien. A CPS worker and I have been in touch but have not been able to meet due to the holidays. Given the fact that my ex made this allegation shouldn't the mediator have postponed?


 


Instead she said, "There is no proof of this, " so let's just keep going.


 


Please advie.

Hello again Melissa,

Thanks for writing back. Great to hear from you!

Yes, personally I agree with you and do thing postponement would have been most appropriate. I say so for a few reasons. First, the welfare of the child (in this case your son) should always be place first and foremost. Secondly, it's prudent to err on the side of caution, especially with an ill-prepared pro per party. And thirdly, I fail to see any emergency or compelling reason that the mediation "had" to proceed without delay. So, yes, in my opinion there were ample grounds for granting a postponement.

Take care,

Ben, J.D.
LawHelpNow
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Customer reply replied 4 years ago

Hi Ben,

 

I spoke to the mediation manager and he told me the fact that their dept did not

adhere to (6) of rule 5.210 that says suspention or discontinuance of mediation if allegations of child abuse or neglect are made.

 

The mgr said it was a valid reason to ask the courts not to consider the FCS mediation report from Dec. 18. I am going to my hearing on Jan 14 to ask for a continuance (to give me time to obtain a new lawyer) - my follow-up question to you is if I should ask the judge not to consider the mediation report at that time or if there is anything else I need to do. It's crucial that I have that report thrown out!

 

Also, I've read that I should be prepared to go forth with the hearing in case Judge doesn't grant me the continuance. If I don't get the continuance, what then can I take with me to support my position for maintaining my existing custody, and also for judge not to consider the mediation report?

Hello Melissa,

I enjoyed working with you recently.

How are things going?

Is there anything else I can do to help?

Please just let me know.

Thanks!

Ben. J.D.
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Customer reply replied 4 years ago

Hi Ben,


 


I didn't receive a response from you on my question from



Wednesday, January 02, 2013 9:48 AM



What should I be prepared with if court is not continued for me?


Hi Melissa,
It's very nice to hear from you again!
I apologize, but I don't see a more recent question.
Could you let me know if you sent it here or opened a new thread?
Thanks!
Ben, J.D.
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