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

Asked almost 3 years ago - Jacksonville, FL

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Attorney answers (4)

  1. Mark K. Ameli

    Contributor Level 8

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    Answered . 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.

  2. Jeffrey B. Lampert

    Pro

    Contributor Level 19

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    Answered . 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.

    I hope you found this response to be of assistance. This response shall not be considered the rendering of... more
  3. Ronald William Slonaker

    Contributor Level 14

    Answered . 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... more
  4. David Cvengros

    Contributor Level 7

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

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