I was wondering if anyone knows anything about mediation,not divorce mediation PLEASE READ ALL THE WAY?

I am involved in a probate case for almost 4 years now ,we’ve been through virtual adoption ,appeals court and possibility of fighting of the will,Well 3 months ago my attorney told me that ,the other side in the case wants to mediate we agreed on the condition that the {supposed} litigant that is fighting us be there in person, we’ve yet to know for sure the person is totally aware of exactly of what is going on we’ve never seen or spoke to them ,I found out about 30 days ago that there may be a "representative" in her place ,My question is don’t I have the legal right to know the identity of this person (in writting ) before the mediation and the reason for the representitave being there ,and can I refuse ,if so how long do I have,I’m pretty sure I can’t refuse at this point being as the mediation is in 1 week in another part of the state,I can’t seem to get my attorney on the phone face to face to ask what exactly is going on,thank you in advance,
Thank you ,My attorney was notified from their attorney that there is a possibility that there would be a representative ,but gave no reason or whom it would be ,and yes I know my attorney is very busy and I have talked to his paralegal,she never seems to know anything and promises to find out certain things and let me know but I never get a return call from her either,Don’t get me wrong I like my attorney I just need some information before the last minute ,And again thank you for your help
one more little foot note ..should we prevail in this mediation ,can we sue the other party for financial loss lawyer fees etc.I was told I can but my lawyer won’t do it I don’t blame him he’s had my case for a long time and pu a lot of time and effort into it
To Denver Mediator: Thank you also for your curtious response ,yes the mediation was court ordered after all parties agreed to the mediation ,we are to mediate in the opposing party’s attorney’s office This has been a long hard frustrating process I don’t want to fire my attorney for many reasons he’s been my attorney he was hired by my dad before his passing and he really is an excellent attorney when it comes done down to it ,and when we have had to confront things head on he always comes through ,he has been brutally honest about knowing he doesn’t return calls or inform me properly,I thank you for giving me the point of view from where you are (mediation) I’ve been through divorce mediation and it was simple ,the other party set up the time ,the place ,the mediator,and I find out today they want to postpone,I don’t get it this was their idea they have been doing this kind of thing 4 years,I want to be fair and have all along ,but just get slaped at every turn

First of all, mediation is strictly voluntary. Even if it is court ordered, there is nothing stopping you from simply walking away from a process that you feel is unfair to you. If it’s court ordered, you would simply walk away and when the judge asks you in court, you would just politely tell the judge what happened and why you withdrew and that you prefer the court hear the matter. Any party can walk away from any mediation at any time, that’s one of the great things about mediation.

You have the legal right to know who will or will not show up in a mediation, and the other party by the same token has the right to attempt to play games or withhold information they do not want to impart upon you. Again, this can be a deal breaker for you, if you wish it to be. You can refuse the mediation process at any time, on any date, for any reason. These are options within your legal rights, plain and simple.

Your lawyer not returning phone calls and/or e-mails sounds simply like professional and/or lack of interest, depending upon how much time you gave him or her to respond. Typically 24 hours to get back to someone regarding an important legal matter, especially where that party is on retainer and being paid a handsome sum to behave professionally, is more than sufficient reasonable time to respond. My personal opinion would be to fire the lawyer if s/he doesn’t return calls given reasonable time. Keep all receipts of all transactions and all phone records, and keep them in a nice little file, but you can fire your lawyer at any time just as you can walk away from any mediation you feel is unfair or biased against your interests.

I’m not a lawyer and can’t provide legal advice, but in this case, I’m giving you a) my personal opinion on proper behavior and conduct, and b) giving you options and choices based on information I’m aware of from experience. You have final say in what happens, and that’s as it should be.

2 thoughts on “I was wondering if anyone knows anything about mediation,not divorce mediation PLEASE READ ALL THE WAY?”

  1. You agreed on condition that the litigant be present in person. That individual is not meeting the requirement.

    If it is actually a requirement (not simply your wish), you may cancel as soon as the person fails to meet the requirement.

    I would be reluctant to refuse now, since the other litigant may or may not meet the requirement.

    Your statement – that you "found out" that the person "may" send a representative – seems vague. Was this an official notice to your attorney? Or is this a rumor through family connections?

    You may have your attorney present. The other party to mediation may insist on bringing an attorney or other advisor (unless it is prohibited in the agreement for mediation). You do not have a right to know the identity of the representative nor why the representative is there. That representative may, out of professional courtesy, communicate with your attorney.

    Do not be surprised that your attorney does not return calls immediately. Good attorneys are usually very busy attorneys. As the paralegal for an estimate of time for returning your call.
    References :

  2. First of all, mediation is strictly voluntary. Even if it is court ordered, there is nothing stopping you from simply walking away from a process that you feel is unfair to you. If it’s court ordered, you would simply walk away and when the judge asks you in court, you would just politely tell the judge what happened and why you withdrew and that you prefer the court hear the matter. Any party can walk away from any mediation at any time, that’s one of the great things about mediation.

    You have the legal right to know who will or will not show up in a mediation, and the other party by the same token has the right to attempt to play games or withhold information they do not want to impart upon you. Again, this can be a deal breaker for you, if you wish it to be. You can refuse the mediation process at any time, on any date, for any reason. These are options within your legal rights, plain and simple.

    Your lawyer not returning phone calls and/or e-mails sounds simply like professional and/or lack of interest, depending upon how much time you gave him or her to respond. Typically 24 hours to get back to someone regarding an important legal matter, especially where that party is on retainer and being paid a handsome sum to behave professionally, is more than sufficient reasonable time to respond. My personal opinion would be to fire the lawyer if s/he doesn’t return calls given reasonable time. Keep all receipts of all transactions and all phone records, and keep them in a nice little file, but you can fire your lawyer at any time just as you can walk away from any mediation you feel is unfair or biased against your interests.

    I’m not a lawyer and can’t provide legal advice, but in this case, I’m giving you a) my personal opinion on proper behavior and conduct, and b) giving you options and choices based on information I’m aware of from experience. You have final say in what happens, and that’s as it should be.
    References :
    I’m a professional mediator who has successfully mediated many divorces, criminal matters, and civil cases; including a dispute meant to appear on "Judge Judy." I have also worked as a probation officer, senior court clerk, and college professor.

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