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ADR Crashing

Discussion in 'Alternative Dispute Resolution' started by Redder, Jan 30, 2017.

  1. Redder

    Redder Law Topic Starter New Member

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    Jurisdiction:
    Texas
    Greetings,

    Here's a sketch of an issue:
    I completed a court ordered mediation settlement agreement in which I, and my opponent, signed a "preliminary" hand written legal description to a bit of neighborhood real estate subject of a boundary dispute.
    The contract, overseen by each attorney and a mediator, allows me to receive the first typed surveyor draft of the legal description and allows me to offer changes ["refinements"] as long as agreeable to both sides with mediator deciding final outcome of metes and bounds if needed"[to be implemented"]. Quitclaims will then be exchanged.
    While waiting for them to supply the first draft, my opponent erected a substantial concrete wall on the preliminary line before I received a copy of the legal description to inspect and offer my changes. There are changes I'd like to suggest on the ground and in legal description but they took full possession before I could offer modest suggestions. I haven;t signed quitclaim either. I feel marginalized under the nose of the court order. I would not have signed had I known they would take possession before my review.
    What just happened here?
     
  2. army judge

    army judge Super Moderator

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    You have an attorney.
    Your attorney is the one you need to ask for explanations in the lawsuit you're prosecuting.
    No other person on this planet knows more than you do, except your lawyer, about YOUR lawsuit.
     
  3. Redder

    Redder Law Topic Starter New Member

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    Thank you army judge.
    The beauty of post Mediation is that it is radically simplified from pre- ADR trial prep.
    Just looking for other sounding boards here to better formulate coordinating with team.
    Attorneys seem to hate[according to my research] issues that spring up during post mediation execution. Just trying to get up to speed with limited,abbreviated access to attorney.
    Thanks again
     
  4. army judge

    army judge Super Moderator

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    You're welcome.

    However, this is the time you require an attorney the most.
    It was important enough in the beginning to hire an attorney.
    Smart call.
    Don't lose what you've gained by going it alone now.
    This is how you allow the system to screw you.
    Don't help them gut you, mate.
    Hire an attorney, if yours won't help you anymore.
     
  5. Redder

    Redder Law Topic Starter New Member

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    army judge
    I needed to hear exactly that. pretty much all I was seeking right there.

    Many thanks again
     
  6. army judge

    army judge Super Moderator

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    Glad to be of help, mate.
    We do the best we can with what we know.
     

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