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Unsuccessful Mediation -preparing For Hearing

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R

RCUCCI

Guest
What is the name of your state?What is the name of your state? GEORGIA - MY 16 YEAR OLD DAUGHTER BUMPED INTO PLAINTIFF'S VEHICLE AS SHE WAS WALKING BY. PLAINTIFF (18 YRS. OLD) WAS SITTING IN VEHICLE IN HIGH SCHOOL PARKING LOT. MY DAUGHTER PROCEEDED TO CLASS AND WAS LATER APPROACHED BY A CAMPUS OFFICER WHO PROCEEDED TO TELL HER THAT SHE HAD DONE $502.00 DAMAGE TO YOUNG MAN'S TRUCK. THE OFFICER HAD AN ESTIMATE FROM AN AUTO BODY SHOP LESS THAN 1 MILE FROM SCHOOL (GIVEN TO HIM BY YOUNG MAN). WE HAVE TRIED MEDIATION BUT THE YOUNG MAN DID NOT PRODUCE THE TRUCK OR ANY EVIDENCE OF DAMAGE. HE LIED ABOUT SEVERAL THINGS DURING MEDIATION ( I HAVE INTERVIEWED OTHER PARTIES INCLUDING BODY SHOP AND HAVE AFFADAVITS) AND WE WERE UNABLE TO RESOLVE. (I OFFERED TO MAKE CHECK PAYABLE TO BODY SHOP IN THE AMOUNT OF $350. AND HE REFUSED OUR OFFER). CAN THE MEDIATOR BE SUBPOENAED? WHAT INFO FROM MEDIATION CAN BE PRESENTED IN COURT?
MY DAUGHTER HAS BEEN CHARGED WITH CRIMINAL TRESPASS IN JUVENILE COURT. SHE HAS PLEAD NOT GUILTY IN THE ARRAIGNMENT HEARING. THE YOUNG MAN'S FAMILY IS UNDER FINANCIAL STRAIN AND WE FEEL THAT HE IS JUST LOOKING FOR THE $$$$ BECAUSE OF HIS REFUSAL OF OUR OFFER IN MEDIATION. ANY HELP WOULD BE APPRECIATED.
 
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racer72

Senior Member
If your daughter is anything like you, she doesn't know how to follow the rules. Please read the forum rules above, especially the part about lower case letters.
 

CdwJava

Senior Member
That's one heck of a "bump"!

What did she do? Bump the truck with her boot while swinging her leg in a kicking motion?

If she simply brushed past it, then any damage would be impossible (unless she scratched the paint with something she was carrying).

What is she REALLY alleged to have done?

Carl
 
R

RCUCCI

Guest
She didn't key it. The kid that owned the truck damaged it the day before, according to witnesses. The owner's dad took the truck to anther shop the day before and I have a statement (written on the shop's letterhead) to that effect. The shop owner states that there was damage on that day.
What really bothers me is that I had all this info prior to the mediation and the young man has lied during mediation. My question is whether or not what he said during mediation is admissable during the court hearing? May we question the mediator in court as she witnessed this young man's statements during mediation?
 

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