Marchal v. Craig
Court of Appeals of Indiana
681 N.E.2d 1160 (1997)
Relevant factsFree
Divorced parents Marchal (plaintiff) and Craig (defendant), sharing joint custody, agreed to mediation with clinical psychologist Dr. Ehrmann, including an agreement that Ehrmann could resolve any impasse based on the child's best interests; after mediation failed and Marchal's attorney withdrew, Marchal (now pro se) objected to Ehrmann testifying about the mediation, but the trial court allowed the prejudicial testimony and awarded Craig sole legal custody based partly on it. Marchal appealed.
IssueFree
Whether mediators should be permitted to testify in cases they have attempted to mediate.