Legal Question in Family Law in Arizona

A.D.R. mediation confidentiality abuse

My case was referred to private mediation by Judge pro-temp at an evidentiary hearing which she precided and then assigned mediation to herself at no charge. Four months later at another evidentiary hearing the assigned Judge walks in and states she can not hear case and assigns us to go up stairs to another court room and in walks the Judge pro-temp who heard our private mediation. While taking the case under advisement, the Judge pro-temp makes in her minute entry order remarks that was brought up in mediation. Since I am a pro-se , I know this Judge pro-temp is trying to take advantage of me since I filed a motion for a new trial and denying it, then stating in another minute entry court erred in its decision, then deny my reply by saying it was moot. It is now in the court of appeals because I know she is hoping I will mess up since it is very hard to make a opening brief. My question is, is this Judge pro-temp way out of line by hearing evidentiary hearing after hearing our mediation? And then making remarks in minute entry and then being ignorant about the whole issue. I know this might make a precedent, since there is no rule of court about this situation anywhere.


Asked on 11/15/05, 12:57 am

1 Answer from Attorneys

Rich Peters R. J. Peters & Assoc., P.C.

Re: A.D.R. mediation confidentiality abuse

Since you are already in the appellate process, I am not sure how much we can assist you other than either taking the appeal over, OR drafting documents for you as necessary, OR performing some legal research for you.

If you would like to discuss those possibilities, please let me know.

/s/ Rich J. Peters, Attorney

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R. J. PETERS & ASSOC., P.C.

1422 N. 2nd Street, Suite 100

Phoenix, Arizona 85004

see our web page at www.familylawaz.com

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Answered on 11/15/05, 11:25 am


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