Filed an Estate based lawsuit- Judge ordered Mediation

[arminius]

Jurisdiction

Arizona

Pleased to make y'alls acquaintance. I've file a civil complaint naming an attorney, the firm, and the two trustees that administered the trust. The judge ordered us into Informal Mediation, which for reasons I don't fully understand, Trustees' attorney requested Formal Mediation. The firms insurance adjuster is to be present for the mediation. From what I understand, Trustees' attorney will name the attorney and firm as defendants due the legal advice or lack thereof if the action goes forward. I would fully expect the firm to name Trustees' as defendants in an answer. What a horrible mess...

As I've found little information on Mediation I really don't fully know what is going on here. The date is set and I've been conducting an in depth review of the case and laws. Studied negotiations with an adjuster but could use some information or opinions.

Thank you for your consideration,

Fox.

 

[army judge]

As I've found little information on Mediation I really don't fully know what is going on here. The date is set and I've been conducting an in depth review of the case and laws. Studied negotiations with an adjuster but could use some information or opinions.

If you have retained counsel, your counsel should discuss this with you.

If you are "pro se", all you have to do is listen during the mediation.

In fact, listening is always your best strategy during any forced mediation session.

You sometimes will hear a proposal that pleases you.

 

[arminius]

Thank you, another youtube attorney suggests to also: leave the boxing gloves at home. I've already submitted, during the informal mediation, my damages category and the proposed settlement amount with terms to settle all claims.

 

[army judge]

Thank you, another youtube attorney suggests to also: leave the boxing gloves at home. I've already submitted, during the informal mediation, my damages category and the proposed settlement amount with terms to settle all claims.

You can't win any negotiation by arguing.
What you're seeking probably exceeds anything someone would offer you to settle out of court, but you never know, lightning can strike.
That's why its best to listen, who knows, miracles do happen.

Whenever I've been forced to negotiate, I always start by being cordial and polite.

If asked what it would take to settle the matter out of court, I say, "I'm listening, counsel, because you already know what my client is seeking. We always remain open to any reasonable offer, which is why the court ordered us to meet."

By doing that, I don't negotiate myself out of the game.

 

[arminius]

Thank you. I'll check the arbitration reports, if I can find them, for the jurisdiction, and see if I'm out of bounds on my request.

Why would Trustees' attorney request formal mediation rather than simply entertaining the informal aspects? Only reason I can determine is they want the attorney and firm's insurance carrier to take the opportunity more seriously; But I don't know.

 

[army judge]

Why would Trustees' attorney request formal mediation rather than simply entertaining the informal aspects?

Don't make the mistake of trying to understand anyone's trial strategy.

All you need to do is make your house is in order.

To paraphrase The Infamous Big Bad Wolf, "The more errors opposing counsel makes, all the better for you, my dear."

 

[arminius]

"Don't make the mistake of trying to understand anyone's trial strategy."

Well that's a big relief.

I think this will do for now. I did file this action as a Pro se. Yes, they've made several errors- Like filing a late answer without permission from the judge. I know that's not necessarily fatal but it could be detrimental. So far I believe the judge to be fair minded. She could have dismissed the whole mess and sent me to the Appellate Court, but has so far entertained the complaint and shown interest in the proceeding.

The mediator is a judge from the probate division. Highly respected and lots of experience.

Thank you again for the welcome to the forum.