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How do I initiate a mediation with my new dentist. I signed an agreement to mediate and he has gone back on his verbal agreement
Alameda, CA
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Posted 2 months ago in Contracts / Agreements
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Iwent to see this new dentist in October "08. He gave me a verbal agreement and on the prices and and work everything was fine. The total cost was around $7,700. $2000. was paid by my insurance and I paid $4,500. From the very beginning he offered me 10% because I am a senior. The balance that is due is $1,200 and I fully expected to deduct $770. as on three different occasions he in discussing balance would bring up the deduction. On the last day I saw him he mentioned it again and then he said " I was told that I could not give you that deduction as that is for seniors who do not have insurance"
I heard that it was his wife who does the books that "informed "him. However I based my choosing him as a dentist on the basis of our verbal agreement; that was our agreement. What do I do?
Additional information
The bookkeeper/wife never answered my calls and once when I finally made contact with her I asked her for the date of my follow up appointment (for the last work the dentist had recommended I come in to see if all was well with the crown.) She told me there was no follow up and I have not heard from either of them. He had also recommecded I have my teeth cleaned every 3 months to continue to watch the four crowns (acid problems). There was no follow through and I am now having to seek out another dentist to the work I have paid for. Answers (2)
Pamela Koslyn
This attorney is licensed in California.
Posted 2 months ago.
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The written agreement you signed that you want to enforce by using mediation may say that no oral promises induced either party to sign the agreement, that the written agreenment can't be modified except by a signed writing, and other provisions that dictate that no oral agreement before or after this written one was signed has any bearing on the contract. The idea is that if you were supposed to get a 10% discount, that should have been put in writing and signed.
Like all contract questions, since all contracts are unique and there's no such thing as a "standard" contract, you're best off having someone review your particular contract to see what's been agreed to, regarding modification, mediation, and legal fees, among other terms. You may have a fraud issue here if, for example, you were promised a 10% discount and were told that the discount was in the agreement you signed and you didn't need to read it. Avvo's not a substitute for a full-blown consultation with a lawyer where you can disclose all the facts of your situation and provide all the relevant documents for review and get specific advice - that's what you need. Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship. 
Michael Douglas Goforth
This attorney is licensed in California.
Posted 1 day ago.
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Inform the dentist that you will pay per your understanding of the agreement. I'm assuming you did not sign an agreement.
The dentist can either chose to allow the discount or sue you for the difference. If he threatens suit, you should suggest mediation of negotiation between the two of you over the disputed amount.
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