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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 118129
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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This is a follow up question. Since the defendants attorney

This answer was rated:

This is a follow up question.

Since the defendant's attorney has no response to phone calls and letter requesting mediation from plaintiff's attorney, plaintiff's attorney filed a motion requesting the defendant to respond (about mediation) by Aug 5. By the way, from the prevous hearing, the judge required mediation and evidence collection. The defendant's attorney already sent email claiming his client is having "fairly significant health problem". It sounds like the defendant will ask for the delay of mediation. What the plaintiff (or his attorney) should do at this time?

Asking the judge to waive mediation and ask for a hearing without mediation?
Will the judge likely to grant for example a couple of months to see how the defendant's health problem improve or not? What if the defendant cannot provide proof of terminal illness.
Thank you for your new question.

You can forget about mediation about if the defendant is not going to cooperate. This defendant has not cooperated from the beginning. At this point if the defendant attorney tries to continue mediation I would suggest filing to forgo mediation and would suggest forcing the matter to trial, since all this defendant is doing is trying to cost you money in legal fees and hoping you will go away.

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Customer: replied 4 years ago.

So, if the defendant answers the plaintiff's motion (setting deadline of answering the mediation) by citing the health problem to request delay of mediation, my attorney should file a motion requesting moving straightforward to hearing. I do not like mediation at the beginning. It is just judge's requirement. I hope the judge waive the mediation and move to hearing. If the judge still wants mediation, he should give an order to set deadline for mediation, right?

Thank you for your follow up.

Yes, if the defendant tries to make excuses about his health preventing mediation, you get your attorney to file to push the matter to trial.
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