Ask a Law Question, Get an Answer ASAP!
Hello, this is Jim and thanks for the further question.
Mediation is encouraged by the courts - it is designed to try and help the parties reach a settlement. It takes both parties to agree - you don't have to - but if there is any common ground then it could mean the dispute settles without having to go further through the court process. If you know it won't succeed, say you're too far apart on various issues, then there is no point - I would agree. I have seen your opponent's email and clearly they still have assistance from their paralegal. I also think your response is absolutely fine - in a case such as yours, mediation or any other form of ADR is not compulsory. It's a waste of time if there is little to no common ground. Its can be used to prolong matters and to bully an unsuspecting party so I do not think, based on the facts, it is suitable here. I know the courts can penalise parties if they don't try to settle but they have levied some very serious allegations and it wouldn't be correct to throw money at a useless meeting (in my view).
I hope this helps and answers the question - my goal is to ensure you are happy with the answer and have the information you need. If you have any follow up questions then please let me know. I will reply as soon as I can to help with any further queries.
Please let me know if the answer helped or if you need me to cover anything else?. I am happy to clarify the answer or if you have any follow up questions. If so, I’d be grateful if you would let me know. I am free most days, including weekends, so feel free to ask me anything you are unsure of.
Yes, you will receive further rants and unpleasant communications but I would try and ignore them. I know what you mean about the see you in court phrase - if the paralegal was doing their job properly they would advise their "client" about the merits of your case but I don't think they have - but yes, see what happens at the PTR and let me know the outcome - hope it goes well. Speak soon, have a good weekend.