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Ely, Counselor at Law
Category: Legal
Satisfied Customers: 102350
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I am a defendant in a small claims case with a ridiculous

Customer Question

I am a defendant in a small claims case with a ridiculous neighbor dispute. I requested postponement for mediation and was denied by the court - but told that a mediator would be present in the courtroom - and the judge will suggest mediation, but that the hearing could not be postponed. What happens now? Does the mediation happen that day - am I scheduled with the mediator for another time? Do I file ADR forms with the court to request a formal ADR? Is that a better way to do this?
Submitted: 1 year ago.
Category: Legal
Expert:  Ely replied 1 year ago.

Hello and welcome to JustAnswer. Please note:This is general information and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry to hear about this situation. Yes, the mediation happens on the day of trial. After the Judge will call all the parties to see who is here and who is not for the docket, parties that require mediation will go into a side room to mediate. If mediation does not end in an agreement, then the parties will have a trial hearing - by this time, it would normally be early afternoon or later.

There is no need to file for a formal ADR with the Court. The Court should have a few mediators available on the day of trial and the parties will literally be taken in one case at a time to have mediation. Parties that do not work an agreement out come back to Court and have their matter heard by the Judge.

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