Mediation for AofA lawsuit?

North Carolina Divorce Law Divorce and Separation Answers
1

Would it be mandated for the “accused paramour” to attend mediation for an AofA and CC claim? I thought something like this would have to be handled in court. My STBX has no proof whatsoever and is grasping at straws cause he is about to lose in our property distribution. He has filed discovery questions for the “accused” to answer and then they are scheduled for mediation. Can my STBX be asked to produce discovery PROOF as well? I know my STBX is just trying to “scare” him into a settlement with lots of BS claims that he has no evidence of.

Just never heard of mediation for something like this…and didn’t think it could be mandated for him to attend. Or is going thru mediation a way to save court costs?

Also can a person file a CC lawsuit via mediation (rather than going to court) and without having an attorney? I have TONS of undeniable evidence against my STBX and his lover, but I wouldn’t want to spend a lot of money to pursue it. If this is possible, how would I start the process?

Thanks!

2

Many counties do have mandatory alternative dispute resolution requirements whereby there must be a judicial settlement confernce, or mediaiton prior to trial.

If suit has been filed your STBX is subject to the rules ofdiscovery just as much as the defenant is, and would have to respond to a proper request for information.

You may ask for certain items of proof in discovery, including the evidence he expects to present at trial.

A person cannot be required to attend mediaiton if a lawsuit is not filed. You would need to file a complaint for criminal conversation to initiate the proces. While you can proceed without an attorney on this issue, I do not recommend it. These cases are complex and it can be difficult to navigate the system on your own.