Defendant must show 'good faith' before mediation, plaintiff argues

John Suayan, Galveston Bureau Oct. 28, 2013, 2:05pm


GALVESTON - A local man who sued over a physical assault recently stated he would welcome mediation as long as his alleged attacker agrees to it "in good faith," recent court records show.

Christopher Malbrough entered an eight-page document detailing his position regarding alternate dispute resolution into his suit against Derek McGahee on Oct. 7, stating the defendant apparently does not want to settle.

As previously reported, Malbrough sued McGahee in early July on claims the latter “perpetrated a violent and aggressive bodily assault” against him without provocation.

The original petition asserts the aforementioned assault knocked the plaintiff unconscious as well as caused severe, painful injuries and facial disfigurement.

McGahee countered the suit with an original answer insisting he was defending himself.

Malbrough insists he has attempted in good faith to propose settlement negotiations to which the defendant's attorney, Keith Gross of League City, opposed because "a settlement will affect (his client's) criminal case" and said client "would not offer a settlement."

"Accordingly, since it appears that the defendant does not wish to make a good-faith effort to resolve this matter at mediation, the plaintiff does not feel that it is in his best interest to expend additional costs associated with mediating this matter, and would therefore object to any form of ADR," the complainant's document says.

"If, however, the defendant agrees to attend mediation in good faith, the plaintiff is open to mediating this matter before an agreed mediator."

A jury trial into the suit is slated for 9 a.m., April 7, 2014.

Case No. 13-CV-863

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