Legal Question in Construction Law in California
Can the judge force a compulsory mediation settlement conference for an unlimited amount case (much more than $ 50,000)? If so what the plaintiff should do since plaintiff has already asked the defendant to make a reasonable offer and the plaintiff shall consider it. Is it O. K. if the plaintiff goes alone without any attorney for this conference and without any documentation because plaintiff has already submitted list of witnesses and exhibits to the defendant. Please help me.
2 Answers from Attorneys
Courts routinely set "mandatory settlement conferences" or order the parties to mediate since it isn't binding. The parties are free to negotiate and try to reach a settlement, and if they can't agree to settle, there is no 'punishment'. If the plaintiff has an attorney, the attorney will almost certainly want to be present to help facilitate, and if it is a mandatory settlement conference, the attorney is required to be present unless the court excuses him/her. If the party does not already have an attorney, there is no requirement to hire one for the settlement conference.
There is also no requirement that you bring any documentation with you, but it could potentially help the settlement officer/mediator analyze the case and facilitate a settlement.
If you are in the Riverside court, and this is a "mandatory settlement conference," you should be filing and serving a Mandatory Settlement Conference Statement at least five court days before the conference. You can review California Rules of Court Rule 3.1380 for more information and requirements.
Good luck.
If the case involves so much money, (a) why would you not want to attend a mediation, and (b) why would you go to it unrepresented and without all your papers?