Ok, not exactly! Dismissal with prejudice in a civil case is sort of tantamount to the “death penalty”. In Office Environments, Inc. v. Lake States Insurance Co., 833 N.E.2d 489 [Ind. Ct. App. 2005] the Indiana Court of Appeals upheld a dismissal with prejudice when a party refused to comply with a mediation order to mediate. The Court of Appeals found that Appellant delayed mediation for an unreasonable period of time and did not use the proper channels in refusing to pay for mediation. It really shouldn’t take 3 years to schedule mediation, should it? Pretty good work by the mediator here in attempting to schedule this mediation! Take a look.
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