Trial question

[mm1024]

Since my soon to be BPD soon to be ex husband, behaved horribly in mediation and lied about  assets, and then did the same under oath in a deposition by my attorney, we are now going to trial. My question is, since mediation is confidential, will the judge receive a report on his behavior during the mediation? The judge will see the deposition, however my point is will the judge see the pattern of behavior? My attorney is extremely skilled on high conflict divorces, and we have a lot of evidence, written in emails from my BPDh.

[kells76]

Hi mm1024,

In our state, mediation between my DH & his uBPDxw was a "black box" -- as far as I understood it, the mediator could only say whether mediation had succeeded or not. No reports on anything -- totally confidential.

Check out your state's mediation statutes -- I think -- and you should be able to find out. Other posters can correct me if this is wrong.

Hope this helps;

kells76

[livednlearned]

That's my understanding, too. That it depends on the state. You might even be able to call the clerk of court and ask.

[mm1024]

Thank you Kells76 and livednlearned. From what I can tell it is the same in my state... .Thank you both!

[david]

The judge will see the deposition and your attorney can mention that you tried mediation and that was not productive. That hints that the mediation was the same. Chances are he will be the same in front of the judge too.

[livednlearned]

Cross-examining him in court about his sworn testimony from the deposition is going to seriously undermine his credibility -- that is probably more powerful than the judge hearing a play-by-play about what happened in mediation.

Judges are considered "supreme" witnesses in a case, so what they observe in court seems to receive the most weight.

And if he has any questions during cross examination, your lawyer will have email evidence to show that what the judge sees in court is consistent with what your ex is like outside of court.

[mm1024]

Thank you David and Livednlearned. This is very helpful and somewhat comforting. I am looking forward to this all being over!