Mediation in Small Claims Court

[bgoldzman]

What is the name of your state? New Jersey


Does a defendant have to present his case to a mediator prior to the judge hearing the case? I'd prefer the plantiff not hear or see my evidence and have time to call his attorney before the case goes to the judge.

 

[racer72]

Your plan won't work. Any evidence must be made available to the other party so they may make a valid defense argument. Your plan would result in an automatic contuince to allow the defense time to present a defense to your evidence.

 

[JETX]

Not true. If you are the defendant, you have NO obligation 'show your cards'.

However, if the court orders you into mediation (as I assume you are concerned with), then yes, you need to present your case at that time. Simply, if you have a valid defense against the claim being made, you shouldn't have to worry about their statements.