Can we file a mediation stipulation if the case management hearing has already passed?
Our case management hearing was back in July but now both parties are open to mediation. How do we go about filing a mediation stipulation with the court here in Sacramento? Normally, it is filed within 14 days of the case management hearing but the defendants weren't open to mediation at that point. Case management referred us to trial readiness and we have to pick a trial date, etc., by November 02.
Nathan’s Answer
Congratulations on your intent to perform alternative dispute resolution. You are taking control away from the legal system and putting it back into your own hands. You can mediate right away or you can call the court clerk of the department that is handling this case and advise that you are seeking mediation. You may be advised to file a stipulation to continue any upcoming dates, or if you are not allowed to do so, you may file an ex parte motion to continue the date with both parties seeking mediation as the support behind such a motion.
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