I have a question....If a Mediator mediated a Mediation....He stated his name, who he was during caucus, then he left the caucus.....Later after we adjourned to seperate room....The Mediator told me he was AN Attorney that Represented the opposing side in another case. My Attorney and Opposing Attorneys picked this Mediator for the Mediation.....Knowing there was a Conflict of Interest....My Atty never disclosed this to me..prior to the mediation....The Mediator never asked me to sign a affidavit to continue the Mediation after he disclosed this to me....Or cancel it.
Do, I have any legal claims against the parties involved in this Mediation? There is a lot more to my case....:-(
1 Answer from Attorneys
you may have a valid bar complaint but with no proof that anything confidential was revealed to the other side at the mediation, there is little recourse that the court system could provide you. By the way, it is not unusual at all in certain areas of the law to choose a mediator that might represent the other side, assuming it is not an individual but a bigger client like a insurance company.
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