Expert: Timmy Chou - 3/12/2011

Question
Hi - I filed a wrongful termination lawsuit over three years ago based on whistleblower retaliation (pointed out to management a practice that was Medicare fraud), failure to pay a hire on bonus I had a contract for, and failure to honor two additional contacts for schedule commitment as a nurse for a major healthcare agency.  My Mediation date was 3/4, and the attorneys postponed it. Now, they have come to me twice, without my having gone before a mediator, telling me that I will surely lose everything and owe the opposing side their fees if I don't take a very tiny settlement amount immediately. When I question the attorney, he just says "it's over/we're done" without basis.  During my deposition, the opposing counsel pointed out several production subpoenas that my attorneys did not answer to and gave me 10 days to produce.  I kept contacting my attorneys and they never had me give them anything. The other side filed a Summary Judgement request full of everything BUT the points we are sueing over so I think it's them blowing smoke as a distraction and that we could easily point out the blatant lies and inconsistencies, yet my attorneys are refusing to go forward into mediation .  I THINK THEY MISSED SOMEHTING AND ARE TRYING TO PAY ME OFF BEFORE I REALIZE IT.  Isn't Mediation my right?  Would it threaten a settlement to do the mediation??  What should I do???? Thanks!!

Answer
Greetings,

Thanks for your question -- sorry for the delay as I am traveling.  

There is something seemingly very wrong.  I am not an attorney and cannot give you legal advice but your story has me concerned.  Typically, if the court has ordered mediation as a precursor for litigation you have some leverage in getting the other side to meet.  However mediation is voluntary and it is not a requirement in most cases.  Also, cases are allowed to be settled at anytime and there is usually no mediation required before a settlement offer can be made and/or accepted.  

Normally a discovery order must also be complied with or an objection filed with the court.  It is never appropriate as far as I know to ignore a discovery order.  Non-responsiveness to pleadings, motions or discovery orders can form the basis to seek a summary judgment.  Possibly the summary motion is because no one has responded to the discovery orders.  

The story is confusing and not coherent I'm afraid.  I would recommend you try to get additional legal advice if possible.  

Sorry for your difficulties -- good luck!