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Is it typical for a client to speak to his attorney about the mediation before the mediation?

Jacksonville, FL |

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Attorney Answers 4

Posted

You should, if only to find out what it is about, what the procedures are, and so forth.

My initial reaction was to say that your attorney should make sure he/she speaks
to you too, and I still believe that, but for a different reason than you might think.

Let us say you are facing a foreclosure, you are unemployed, you have no
money, and no way to get money. In that situation, a foreclosure mediation
is going to be an enormous waste of time. You know that nothing is going to
happen.

So, if your attorney did not speak to you, it may be because there is not
going to be a lot going on at the mediation.

But your attorney should still reach out to you to ask if you have any
questions. Attorneys often forget that while a law suit is something they
are very familiar with, because they deal with it day in and day out, their
clients may be terrified by the unknown, or even if they have been
through a mediation, it is not something a client is really familiar with
unless they are in business or some wuch.

So, if you have any questions--ASK your attorney. Part of the job of
being a lawyer is giving counsel.

Good luck.

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Mark K. Ameli

Mark K. Ameli

Posted

I am assuming that the mediation is set and that the question is whether it is common to have a conversation with the attorney prior to mediation. My position as a mediator is that the client and his or her attorney must have spoken prior to the mediation for a number of reasons the more important of which are as follows. 1. to determine the weak part of their case so that they can have a solution or a response when the mediator points that out. 2. The attorney must know who the decision maker is so that time and money is not wasted if the party to the action is not the real decision maker and a spouse or a parent needs to be present even if the party is an adult. 3. so that the attorney and the client can have a strategy when they come to the mediation. 4. so that if there are issues other than the issues in the case which may contribute to the dispute, such issues may be discussed and be brought to the attention of the attorney.

Posted

I am assuming that the mediation is set and that the question is whether it is common to have a conversation with the attorney prior to mediation. My position as a mediator is that the client and his or her attorney must have spoken prior to the mediation for a number of reasons the more important of which are as follows. 1. to determine the weak part of their case so that they can have a solution or a response when the mediator points that out. 2. The attorney must know who the decision maker is so that time and money is not wasted if the party to the action is not the real decision maker and a spouse or a parent needs to be present even if the party is an adult. 3. so that the attorney and the client can have a strategy when they come to the mediation. 4. so that if there are issues other than the issues in the case which may contribute to the dispute, such issues may be discussed and be brought to the attention of the attorney.

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Asker

Posted

Thank you very much. My mediation is a few weeks away and I made a request to speak to my attorney about it. My law firm's response is "he is busy, it is best to email us your questions", I still made my request and they said they will get back to me. I don't know if they will, but if I continue to push (without being overpushy) and stress how much my case is worth I hope they agree to at least have my attorney speak on the phone with me.

Posted

In most cases yes. Also, at the mediation you will likely have a chance to confer with your attorney prior to the start of the mediation, and a right to privately consult with the attorney, without the other side or the mediator being present, during the mediation.

Ronald Slonaker
Attorney & Mediator
942 SE 17th Street
Ocala, FL 34471
(352)629-6656
(888)629-6656
www.SlonakerLawFirm.com

This response is to provide general legal information and does not constitute legal advice nor should it be considered or viewed as forming any sort of attorney-client relationship and such information provided is viewable by the general public.

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Posted

Yes, if only develop a plan for attempting to resolve the case - which of course is the goal of mediation.

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