Do I have to agree to mediation?

[NJBILLT]

My neighbor was arrested and charged with harassment after leaving 8 vulgar, threatening and intimidating messages on my answering machine, including asking "how does it feel to be stalked?" and then presented himself in front of my home pacing back and forth while pointing at my house. I have had no relationship with this man in the 7 years he's been my neighbor, not even a conversation. He has a reputation for being a drunken trouble maker, and I've avoided him. Now, a month after his arrest he has filed a harassment charge against me claiming I harassed him with my drone, which is absolutely untrue. The municipal court says they are cross complaints and will be mediated, but I am balking at this and the probable cause. In it, he never actually says he saw ME do anything, but rather cites an object in the sky. Worse, he doesn't give a specific date or time, in fact cites a 13 month period of harassment. The courts are calling this a neighbor dispute, but there was no dispute. This was an unprovoked assault on me and I don't feel I should have to negotiate with this man. I never talked to him before and feel his charge is a continuance of harassment. Do I have to agree to mediation? Thank you for any advice. I am sick over this.

 

[quincy]

My neighbor was arrested and charged with harassment after leaving 8 vulgar, threatening and intimidating messages on my answering machine, including asking "how does it feel to be stalked?" and then presented himself in front of my home pacing back and forth while pointing at my house. I have had no relationship with this man in the 7 years he's been my neighbor, not even a conversation. He has a reputation for being a drunken trouble maker, and I've avoided him. Now, a month after his arrest he has filed a harassment charge against me claiming I harassed him with my drone, which is absolutely untrue. The municipal court says they are cross complaints and will be mediated, but I am balking at this and the probable cause. In it, he never actually says he saw ME do anything, but rather cites an object in the sky. Worse, he doesn't give a specific date or time, in fact cites a 13 month period of harassment. The courts are calling this a neighbor dispute, but there was no dispute. This was an unprovoked assault on me and I don't feel I should have to negotiate with this man. I never talked to him before and feel his charge is a continuance of harassment. Do I have to agree to mediation? Thank you for any advice. I am sick over this.

What is the name of your state?

 

[NJBILLT]

What is the name of your state?

New Jersey. Thank you for the reply

 

[quincy]

New Jersey. Thank you for the reply

Thank you for providing your state name. The "NJ" in your user name made me think you lived in New Jersey ... but I wanted to be sure.

If the court ordered mediation then, yes, you must mediate. Sorry.

Here is a link from the New Jersey Courts with civil mediation resources:
https://www.njcourts.gov/courts/civil/medipol.html

 

[NJBILLT]

Thank you for providing your state name. The "NJ" in your user name made me think you lived in New Jersey ... but I wanted to be sure.

If the court ordered mediation then, yes, you must mediate. Sorry.

They haven't yet. This is just what the clerk told me. Our hearings are scheduled a month apart. I just feel his is a legal maneuver to cancel out the 2 charges. He was also charged with disorderly person. But next question: what if I don't agree with the resolution? I know the prosecution can't prove their case with me, and the police have the audio recordings of his assault. Can I then ask for a hearing? And if so, does that force his to a hearing?

 

[LdiJ]

They haven't yet. This is just what the clerk told me. Our hearings are scheduled a month apart. I just feel his is a legal maneuver to cancel out the 2 charges. He was also charged with disorderly person. But next question: what if I don't agree with the resolution? I know the prosecution can't prove their case with me, and the police have the audio recordings of his assault. Can I then ask for a hearing? And if so, does that force his to a hearing?

If a judge orders you to mediation, that means that you must attend mediation. That does NOT mean that you are required to come to an agreement in mediation or that mediation will ultimately resolve your case. Its just method to potentially resolve a case without it having to come before a judge. If mediation fails, then you get a regular hearing before a judge.

 

[NJBILLT]

If a judge orders you to mediation, that means that you must attend mediation. That does NOT mean that you are required to come to an agreement in mediation or that mediation will ultimately resolve your case. Its just method to potentially resolve a case without it having to come before a judge. If mediation fails, then you get a regular hearing before a judge.

Thank you. That answers my question. I pleaded this very case to our township public defender and he says his probable cause is very thin. Again, he never says I did anything, he just claims to have seen an object in the sky and can't even say when he saw it. I am confident the prosecution cannot prove their case with me. Like I said, I don't even feel there's probable cause. Honestly, I feel victimized by the courts here as they're using me to solve their problem. I'm not looking for a pound of flesh here, but I don't think he should be able to make a lie charge and get out of what he did to me. Thank you again for your reply. I appreciate it.

 

[quincy]

They haven't yet. This is just what the clerk told me. Our hearings are scheduled a month apart. I just feel his is a legal maneuver to cancel out the 2 charges. He was also charged with disorderly person. But next question: what if I don't agree with the resolution? I know the prosecution can't prove their case with me, and the police have the audio recordings of his assault. Can I then ask for a hearing? And if so, does that force his to a hearing?

Mediation is generally the first step in litigation in New Jersey. An estimate published in the New Jersey Law Journal is that one-third of all cases are resolved in mediation.

If there is no resolution possible after mediating the matter, arbitration can be requested. Only a very small percentage of cases are actually decided in a jury trial.

You can take a look at the resources provided in the link but I think you will need to prepare for the probability that the court will order mediation.

Good luck.

 

[NJBILLT]

Mediation is generally the first step in litigation in New Jersey. An estimate published in the New Jersey Law Journal is that one-third of all cases are resolved in mediation.

If there is no resolution possible after mediating the matter, arbitration can be requested. Only a very small percentage of cases are actually decided in a jury trial.

You can take a look at the resources provided in the link but I think you will need to prepare for the probability that the court will order mediation.

Good luck.

One of the problems is, in his drunken messages he makes all kinds of wild accusations. Something about anonymous letters. I didn't send any letters. I'm not charged with sending letters. I don't want to have to defend myself against things I am not charged with.

 

[quincy]

One of the problems is, in his drunken messages he makes all kinds of wild accusations. Something about anonymous letters. I didn't send any letters. I'm not charged with sending letters. I don't want to have to defend myself against things I am not charged with.

He needs the evidence to support his claims against you. Anonymous letters prove nothing. Your defense might be as simple as saying you know nothing about any letters.

Have you consulted with an attorney in your area at all? Are you near Rutgers Law School in Camden or Newark where you could find some free assistance?

 

[NJBILLT]

He needs the evidence to support his claims against you. Anonymous letters prove nothing. Your defense might be as simple as saying you know nothing about any letters.

Have you consulted with an attorney in your area at all? Are you near Rutgers Law School in Camden or Newark where you could find some free assistance?

For now, I'm working with the public defender. The police even agreed the complaint about a drone, which he used in the first message to try to lure me to his house, have nothing to do with this. Someone sent him and other neighbors anonymous letters about the condition of their homes/yards, (I learned this from neighbors later) and he thinks it's me. That's what this is about, but it won't be resolved in mediation because I know nothing of these letters and if I'm not charged with that, I'm not answering to it. Can you imagine if I had taken the bait and gone to his home to dispute the drone and we got into an altercation? I would have looked like the provocateur and ended up a puddle of blood in a chalk outline. This guy scares me. BTW you mentioned a link above but I don't see one.

 

[quincy]

For now, I'm working with the public defender. The police even agreed the complaint about a drone, which he used in the first message to try to lure me to his house, have nothing to do with this. Someone sent him and other neighbors anonymous letters about the condition of their homes/yards, (I learned this from neighbors later) and he thinks it's me. That's what this is about, but it won't be resolved in mediation because I know nothing of these letters and if I'm not charged with that, I'm not answering to it. Can you imagine if I had taken the bait and gone to his home to dispute the drone and we got into an altercation? I would have looked like the provocateur and ended up a puddle of blood in a chalk outline. This guy scares me. BTW you mentioned a link above but I don't see one.

The link is in Post #4. It shows up for me in blue.

It is to civil mediation resources, though, and you say you have a public defender. I am not sure my link will be that helpful to you anyway.

Neighbor disputes generally can be resolved without the need for a jury trial which, if true for you, can save you a lot of time and energy. The sooner a resolution, the better.

Good luck.