Choosing a mediator for a civil case - mediator has friend association

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I just found out the civil case I am the defendant in now has a mediation date, just got the letter. Since I happen to know the person suing me, I have known many of their friends, etc. I see the attorney who is doing the mediation is the older brother of a friend to the man who is suing me. I have seen this attorney as several cook-outs and gatherings we have all been to. I don't feel to comfortable about that one.

I think I get to choose a mediator if I do not want the one that has been chosen.

Does anyone know the facts on this matter? Or how I oppose this choice? I am trying to get an attorney this week. Mediation is about 2 months away.

Lastly, it is a civil case in General Court of Justice Superior Court Division.

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Type: Question • Score: 0 • Views: 782 • Replies: 5

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@CompostMaker,

According to the Rules, both parties need to agree on the mediator. If the parties can't agree, then the court chooses the mediator. Since it doesn't sound like you participated in this choice, I'll assume that the court picked the mediator in this instance.

A mediator is bound by the Standards of Professional Conduct for Mediators. Rule II states:

Quote:

B. As early as practical and no later than the beginning of the first session, the mediator
shall make full disclosure of any known relationships with the parties or their counsel
that may affect or give the appearance of affecting the mediator’s impartiality.
C. The mediator shall decline to serve or shall withdraw from serving if:
(1) a party objects to his/her serving on grounds of lack of impartiality or
(2) the mediator determines he/she cannot serve impartially.

So, you need to object to the selection of the mediator, based on impartiality. As I read it, the mediator would then be obliged to withdraw.

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@joefromchicago,

On another issue, what if the judge (man) that approved the complaint, is the husband to the mediator (wife).

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@CompostMaker,

Approved the complaint? I don't understand what that means.

If the judge, however, is the husband of the mediator, and the mediator is a friend of the plaintiff's attorney, then there might be a relationship between the judge and the plaintiff's attorney which would give you sufficient cause to request the judge to recuse himself.

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@joefromchicago,

Let me try again Joe, I'm not sure if I can really prove the mediator is a friend to the plaintiff... What I do know, is the judge who allowed this amazingly frivolous suit against me, has a wife. The plaintiff's attorney has chose said wife for the mediation. Is that enough to cause me discomfort? How coincidental that this attorney has both a judge and a mediator that are husband and wife?

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@CompostMaker,

I still don't understand:

(1) The judge allowed the suit against you? That doesn't make any sense. How did the judge "allow" the suit? Did you move to dismiss the complaint?

(2) I still don't get how the plaintiff's attorney chose the mediator. As I read the NC rules, both sides need to agree on the mediator. How did the other side's attorney get to pick the mediator? Where were you?

I have pretty much reached the limit of my ability to assist you in this matter, CM. As I understand from your other thread, you want to get an extension of time so that you can hire an attorney. I suggest you focus on that task so that you can make some informed choices in this case.

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Choosing a mediator for a civil case - mediator has friend association

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