Yes, everyone be careful with anything you write, or say even, because they learn to provoke and record you. They become the most unbelievable, schemers, the evilest people you've ever had to deal with, except for the OW, who can be even worse.
They will use anything against you because they know they don't have a real case. Their lawyers believe them at first, but eventually they see through them, too.
Ausgatorgirl, I wouldn't worry about your email admitting any mistakes, that just shows people (lawyers, judges) that you are a normal person who can admit their faults and who would like to open up a dialogue. And if ever questioned in court about it, you can say just that.
About going to court for closure, I hadn't thought of it that way. I remember dreading and being terrified of that first separation hearing, but then it wasn't that bad, and it did take away the 'scary' from the whole thing. Also, if I were him and knew that you would be present while he was not, that would make me anxious thinking that you would get to put more points across.
His not wanting to be present shows how scared he is of the whole D thing, too.