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LADYLAWYER : Often times, the court will have its own mediation program and it will be not cost to the parties. If your particular jurisdiction does not supply mediation, then the court clerk should be able to provide you a list of them or you can find a list through the Louisville Bar Association:
LADYLAWYER : Louisville Bar Association600 West Main Street, Suite 110 Louisville, KYNNN-NN-NNNNhone:(NNN) NNN-NNNN| fax:(NNN) NNN-NNNN-mail:[email protected]
LADYLAWYER : The judge wants you to mediate this claim because he feels it can best be worked out by the parties without the time and expense of court. The parties are always to share in the cost of mediation unless the judge has determined otherwise. If the defendant refuses to go to or pay his share of mediation, the judge can find the defendant in contempt and/or enter judgement in your favor with no further action on the case.
LADYLAWYER : The judge can also move forward with the case and hear it himself, as you suggested. Usually though, if a party simply refuses the judge's order, he isn't going to take to kindly to it and there will be repercussions.
LADYLAWYER : Mediation is an informal and flexible dispute resolution process. The mediator's role is to guide the parties toward their own resolution. Through joint sessions and separate caucuses with parties, the mediator helps both sides define the issues clearly, understand each other's position and move closer to resolution. The mediator does not make a decision about anything--they simply help the parties try to reach a resolution. If you don't reach a resolution during mediation, that's okay. Just going to mediation and trying to reach a compromise is enough to satisfy the judge. The judge can order you to try mediation for a second time, or he can move forward with hearing the case himself.
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Thanks. This is very helpful for me to understand on the purpose of mediation. I will check with court clerk to see whether they offer mediation program.
In the meantime, I am getting a list of mediators who are retired judge in that area. I am not sure that is typically good deal or not. The fee is $275/hour. By the way, the judge ordered mediation on May 13. More than two months has passed. My attroney even not get a mediator to start on this. I feel he is not doing his job (we agreed that he find mediator). Now I told him I will make calls to find one.
LADYLAWYER : Hi again! Thank for the additional information.
LADYLAWYER : *s
LADYLAWYER : Mediators are not cheap. They are often times more expensive than attorneys, so $275 sounds about right. However, I didn't even realize from your initial question that you were represented. Your attorney should definitely be doing this! Is the Defendant represented as well or is he representing himself? If he also has an attorney, the two attorneys should be agreeing on a mediator based on ones they have used in the past. And if the Defendant is not represented, your attorney should be the one working this out with him. It is ridiculous to have your client do it when there is probably animosity between the two parties.
LADYLAWYER : Generally, in a situation like this, you will want to have a discussion with your attorney about expectations. Remember that he is working for you, not the other way around.
LADYLAWYER : If you just want to go ahead and find the mediator on your own, ask your attorney for a list of local ones he uses and ask him who he prefers. I doubt the court has a program because *hopefully* your attorney would have told you about it before now.
LADYLAWYER : If you have any more questions about this, please don't hesitate to ask me--I am happy to keep helping you! I strive for excellent service and I hope your rating will reflect that. Thank you!
Thanks. Yes, the defendant is also represented by his attorney. I already found a mediator from court website today. It took me just an hour by calling the court clerk and then sent emails to four mediator candidates. The reason I am doing this is because my attorney is not moving this forward. For two months since May 13, he didn't find a mediator. I am very frustrated on him and is seriously thinking to change my attorney. When I ask him whether he found a mediator and talked to defendant's attoney about that, he did not answer my question. In addition, the attorney general office is also investigating the defendant for his similar fraud pattern at different dental places. Now, the investigator from attorney general office has referred his finding to their US attorney. I asked my attorney to contact the US attroney to see what information can be shared with us. But my attroney did not contact the US attroney either. Finally, I asked my attorney to get subponea and talk to judge about having a court order in order to get medical report from Medicaid and Office of Inspecator General, again for two months, he didn't do it even if I keep reminding him twice a week. Again, thank you for the answer, I am going to rate your service how.