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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 33370
Experience:  Began practicing law in 1992
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I had a life Estate on on my property in Texas & my son

Customer Question

I had a life Estate on on my property in Texas & my son embezzled it from a position of trust. After 3 years of being locked off the property I took him to court, I lost it in the meditation for pennies on the dollar $12,000 for a $150,000 dollar piece of land.
More or less forced into the settlement by a visiting judge acting as a mediator. He lied, threaten me saying I would lose it all in court.
He would not let me leave when I realized what he was up to. 4 hours of threats while my lawyer stood by & did nothing.
The Judge had prior experience with my family & me in 3 other cases in his court room while he was the setting judge.
Being in conflict of interest is a understatement of the truth, Being 79 years of age I have never been arrested or convicted of anything.
But my son was fired for theft of fuel from the US Post Office while a driver for a contractor. This is the third time has tried to steal land in this County. I sent a letter of protest & complaint to the State Judicial Commission about this matter & now waiting. My question is can I sue the mediator for mal pratice & loss of the property plus halfway expect to win? Dean
Submitted: 1 year ago.
Category: Legal
Expert:  Dwayne B. replied 1 year ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts.

Your question was:

My question is can I sue the mediator for mal pratice & loss of the property plus halfway expect to win?

No, not in Texas at this time. There is no cause of action for "mediator malpractice". A mediator doesn't represent you and doesn't actually have any power to make you do anything and thus couldn't be held responsible for your damages.

Since your question was could you "halfway expect to win", while you could certainly file a lawsuit and try to get a judgment against the mediator since the cause of action doesn't exist at this time and you would be trying to make entirely new law then it is very unlikely you could succeed and you would have to spend a lot of money hiring an attorney to pursue the matter. In addition, should you lose then the mediator could countersue and ask that you be ordered to pay his attorney's fees. I don't know that he would be successful but it is a possibility.

While I know this is probably not what you wanted to hear I'd ask that you please respect the fact that I'm a professional and as such giving you any less than a completely honest answer to your very specific question would be absolutely unprofessional. I'd therefore ask you to be sure and not "shoot the messenger" for delivering what is accurate but bad news on the law

If your question has been answered completely then I'd offer my best wishes to you and ask that you please not forget to leave a Positive Rating so I receive credit for my work.

Of course, please feel free to ask any follow up questions in this thread.