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what to expect; mediation

Discussion in 'Small Claims & Municipal Court' started by possum, Aug 24, 2018.

  1. possum

    possum Law Topic Starter New Member

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    Jurisdiction:
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    hello, I have a mediation date coming up soon and I was wondering what I could expect. I am to be in propria persona against a well known phone company. any advice is a plus. thank you in advance
     
  2. zddoodah

    zddoodah Well-Known Member

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    Mediation is a means by which the parties, together with an impartial third party, try to settle the case. Not sure what you might be asking beyond that.
     
  3. mightymoose

    mightymoose Moderator

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    Disappointment. Rarely do the parties leave mediation satisfied.
     
  4. possum

    possum Law Topic Starter New Member

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    do you have experience with this kind of thing? isn't the point of mediation to find an agreement and no go to court? in tern, if I'm not happy with how mediation goes, could I then take the case to trail?
     
  5. mightymoose

    mightymoose Moderator

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    Read your contact with the phone company. When you argeed to use their service you agreed to limit your options for dispute resolution.
    The outcome from mediation is likely considered final, but review your contracts/terms of service to understand what your full range of options are.
     
  6. adjusterjack

    adjusterjack Super Moderator

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    Your contract will tell you if mediation is binding or not.

    My guess is that you didn't read the contract before signing up for the service so I expect that the phone company will come out ahead.
     
  7. possum

    possum Law Topic Starter New Member

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    I have in the suit that the contract is voidable and void, for a couple reasonsreasons. it says nothing about mediation and just states that they're only to be taken to small claims.

    unrelated to this case; if i post a complaint i wrote up inwhich i plan to take federal, is it possible to get help with it?
     
  8. adjusterjack

    adjusterjack Super Moderator

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    It's possible that the court requires mediation before allowing a trial.

    How about giving us some backstory. Who sued who? For how much? For what reason?

    If it's unrelated to this matter you can start a separate thread. Post it if you like. Someone is bound to comment but don't expect a comprehensive analysis or step by step how-to-do.
     
  9. possum

    possum Law Topic Starter New Member

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    I am the plaintiff in this case, I've put a unit in for 3k for damages they've caused. reasons being breach of contract. we have a mediation date set up for this upcoming tuseday!
     
  10. adjusterjack

    adjusterjack Super Moderator

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    How did they cause you $3K in damages. What contract did you have with them? How, exactly, did they breach it.

    In other words, what did you write on the small claims complaint form in the white space just below where it says "$3000 is the total amount owed me by the defendant because."
     
  11. possum

    possum Law Topic Starter New Member

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    breach of contract; followed by a complaint
     
  12. mightymoose

    mightymoose Moderator

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    You won't get help if you don't provide information.
     
  13. adjusterjack

    adjusterjack Super Moderator

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    Teeth pulling time. Let's try this again:

    How did they cause you $3K in damages?
    What contract did you have with them?
    How, exactly, did they breach it?
     
  14. zddoodah

    zddoodah Well-Known Member

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    If "this kind of thing" means mediation, I've attended numerous mediations, both as an attorney and as a client representative.

    As I told you in my first response, "[m]ediation is a means by which the parties, together with an impartial third party, try to settle the case."

    If you settle, the case will be done. If you don't settle, it will proceed. Your subjective happiness is irrelevant.

    Huh?
     

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