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Joseph Mark Murphey

Joseph Murphey’s Answers

3 total

  • Conflict of interest?

    In my workers comp mediation hearing, the workers comp board mediator was rude and discourteous, she dominated the process and bullied me into settling, while my attorney just sat there and allowed it to happen, and as a result, my settlement set...

    Joseph’s Answer

    First, I'm very sorry you had a bad mediation experience. The chief advantage of mediation over a full hearing or trial is your control over the process. At mediation you always have the option to decline the final offer, and that should have been made clear to you by both the mediator and your attorney. Without knowing all of the facts, it would not be possible for me to give an opinion on whether the deal you signed was a bad one.

    I can answer the question about the potential conflict of interest. It would not be a legal conflict for a mediator to have formerly been in the same law practice as one of the attorneys involved in the mediation. I do think it is something your attorney should have known, but that is a personal, not a legal, opinion.

    If you are ever in another mediation, remember that you never have to settle. You cannot control what the other side offers, but you have 100% control over whether you take it.

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  • Is mediation required for divorce in fayette co. ga. 30215

    my attorny is telling me that mediation is required in ga. is there any way to get out of it if both sides agree they won't agree on anything?

    Joseph’s Answer

    My colleagues who have answered this question, and your own attorney, are all correct. I mediate almost every day, and most of my mediations begin with one, or both, parties saying, "This is hopeless" or "This will be a waste of time." Almost 9 out of 10 of those cases are resolved through mediation. Given the multiple issues and complexity of divorce cases, even if you do not resolve every issue at mediation, it is almost certain you will resolve some issues.

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  • Should I still go to court?

    I'm set to go to mediation in a few days, but my attorney is required to appear for a peremptory calendar at the end of the month. Should I still go to mediation?

    Joseph’s Answer

    I would echo the common theme from my colleagues above -- do what you attorney advises. That said, as a mediator who handles about 250 mediations a year, I find the role of attorney at a mediation is critical for most cases. If your mediation can be reset for a time when your attorney can attend, that is probably the way to go.

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