My ex-wife told a court mediator that I threatened her life. Does this constitute slander?
Question Details: During a child support hearing my ex-wife, her attorney and I (I was pro se) were required to meet with a court mediator. At that meeting my ex-wife told the mediator that I had threatened her life and that she had heard this from a 'reliable source'. She also stated that another 'reliable source' had told her I was being paid under-the-table (which makes no sense because I'm a consultant and all my clients 1099 me. There is absolutely no advantage to their paying me under-the-table at all). In any case, neither of these accusations are even remotely true. Is there a cause of action here?
Personal Injury Law Answers
It is slanderous, but not slander. There is some immunity related to statements made in litigation. But you need to assert your position, and advance your rights.
No. What is said in a courtroom proceeding like this (even though it was less formal, and with a mediator rather than a judge, it was still the court's mediator) is absolutely privileged, and you cannot sue for slander based on the statements to the mediator. It's quite possible that these statements would be actionable if made outside the courthouse, but that doesn't matter. The only legal remedy would be a prosecution for perjury, which can be hard to prove.
You should, however, prepare to prove these accusations false, if you can. By doing that, if she makes them again in front of a judge, you will be able to damage or destroy her credibility, and that's good for you.
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