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Zachary
Zachary, Attorney
Category: Legal
Satisfied Customers: 3985
Experience:  Lead trial/International commercial attorney licensed 11 yrs
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Is there a public or legal record or transcript in a personal injury mediation

Resolved Question:

Is there a public or legal record or transcript in a personal injury mediation
Submitted: 10 months ago.
Category: Legal
Expert:  Zachary replied 10 months ago.
Hi,

My name is XXXXX XXXXX I will be assisting you with your legal question.

There are no record or transcripts in a personal injury mediation. Mediation is a settlement negotiation and is kept absolutely privileged. No statements made by either party during mediation may be used as evidence in the lawsuit.

Please let me know if you have any further questions. Please also kindly consider rating my answer positively so that I am credited by the website for my work on your question. Rating positively does not cause an additional charge and does not prevent us from further discussing your questions.

Kind regards,
Zachary
Customer: replied 10 months ago.


what if a felony was committed... Fraud I was cheated out of 1.6 million in a mediation, somebody told me that if a court reporter was not present then there has to be a transcript, is that wrong?

Expert:  Zachary replied 10 months ago.
If someone did something illegal during the mediation, then this is something that you should bring up to the court which ordered the mediation and ask that the settlement be reversed.

In regard to the second part of your statement there, a transcript is the document which a court reporter creates. So without a court reporter, there is no transcript.

A mediation is never recorded. It is by definition an off the record procedure.

If you need to prove something which happened at the mediation, you will have to do it through the testimony of the people who were present. You would do this by asking those people to put down their recollections regarding what was said and done during the mediation into an affidavit. You would put your recollections of the mediation into an affidavit as well.
Customer: replied 10 months ago.

so how can I subpoenae the truth? What would you do in my situation... Can the mediator be subpoenaed?

Expert:  Zachary replied 10 months ago.
You can subpoena the mediator to come and present testimony, yes. As far as whether anyone will tell the truth, there is no way to guarantee that.

Customer: replied 10 months ago.


So I can subpoenae a mediator, I thought that a judge had to subpoenae a mediator... I have already talked to the mediator in my case, but he says that he doesn't remember, so is there any other alternative?

Expert:  Zachary replied 10 months ago.
Well, a party in civil litigation that is represented by an attorney may subpoena a witness. If you are representing yourself pro se, then you would have to request that the court issue a subpoena.

I don't have an idea of what you are saying happened, or why you believe you were defrauded, so it's hard for me to tell you all of your alternatives.

However, if there is something that happened during the mediation which is a crime, you need to submit a motion to the court to overturn the settlement agreement because of fraud. Then you would go ahead and state what you believed happened, and put that into an affidavit to serve as evidence.
Customer: replied 10 months ago.


Do you want me to tell you exactly what happened... Well I went to mediation back in 2007... During the course of the mediation, I believe the first offer was $27,000 which was ridiculous because I received over $75,000 in medical bills... and the it progressed to about $75,000 and after the Hartford Insurance offered $2,000,000 my lawyers said nothing so it finally decreased to $400,000 @then it was getting close to the noon hour and I was not feeling well so I told the mediator that I needed to take a break and he said why don't you sign and then we will all go to lunch... My lawyers said nothing just coerced me to sign for $400,000... So there is my dilemma

Customer: replied 10 months ago.
Relist: Other.
need a second opinion
Customer: replied 10 months ago.

Am I supposed to rate you now or wait for my answer? Are you still there?

Expert:  Zachary replied 10 months ago.
Sorry for the delay in response. You're original question was whether there are any transcripts or recordings that you can get of a mediation.

I've answered that question for you.

In regard to what you should do in your situation, it sounds like you are unhappy with the settlement amount.

How did your lawyer's coerce you?

Please wait until we finish up our discussion before rating. If at the end, you still want another opinion, I'd be happy to put you back on the board to let another expert look at your question.

I look forward to hearing back from you.

-Zachary
Customer: replied 10 months ago.

No I am more than satisfied with your answers... The way I was coerced by my lawyers is that they never brought up the fact that there had been a $2,000,000 offer previously... After I signed I tried to back out but my lawyer said that it was a done deal... To this day my lawyers contend that there never was a $2,000,000 offer... Do you practice in az? Maybe I could hire you to represent me...

Expert:  Zachary replied 10 months ago.
Unfortunately I don't.

So, your lawyer somehow failed to inform you that there was a $2M offer? Were you not in the room with your lawyers when the offer came through? How did they miss it and how did you not hear about it?

And just to clarify, you were informed at some later point that there was a $2m offer, but that was taken off the table and decreased to $400K, and they advised you to take the $400k?

Why was the $2m taken off the table (that is quit unusual for an offer to be made at a mediation and then withdrawn and lowered).

I think where we are headed is towards filing a legal malpractice claim against your attorneys.
Customer: replied 10 months ago.

Yes my lawyers heard the offer but just nodded their heads no, so I went along because I am paying them to represent me... They sat about 30 ft away, so how were they going to help my wife and me... At breakfast my lawyers told me that they might offer 2 million but that I would not receive that much... So how did my lawyers know how much was going to be offered, and we hadn't entered the mediation room, so I believe that my lawyers did a deal behind my back... What do you think? Do you practice in Az? I need an honest lawyer... I then hired a lawyer to go after these lawyers but he never subpoenaed the mediator, or contacted the Hartford Insurance, as a matter of fact he did more harm than good he deposed the lawyers behind my back... I paid him $25,000 up front, he said its a done deal... The courts threw my case out of every court... He let one of the attys retire, I asked him why and he said nothing... I told him a felony had been committed and he said, that mr Burke would be liable... I know I have a mess... How much do you charge or do you do legal malpractice cases... I can't seem to be able to find an honest lawyer... I have all the court decisions... I could email them also Mr Burke's deposition in which he perjured himself... He denied under oath that there never was a $2,000,000 offer...Thanks

Expert:  Zachary replied 10 months ago.
It sounds very fishy to me.

I don't practice in Arizona, so I would not be able to take your case.

However, it sounds as if you have already pursued the legal malpractice angle and it was unsuccessful.

Without having the ability to review your entire file, I'm not sure that there is much more I can offer you here.

It certainly does sound like some sort of back room deal happened. I can't possibly conceive of a rationale explanation for a $2m offer being reduced to $400k by your attorneys. So, it is certainly a very suspicious situation and something went very wrong.

I think you would likely need to sit down with another lawyer in AZ for a full analysis of your case to see if there is anything else you could do in this situation.

Have you filed a grievance with the Arizona State Bar Association?
Zachary, Attorney
Category: Legal
Satisfied Customers: 3985
Experience: Lead trial/International commercial attorney licensed 11 yrs
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