AboutTimmy Chou Expertise I am a experienced Mediator and a partner in a management consulting firm. As a mediator I work as a third-party neutral and specialize in partnership/shareholder disputes, management/labor issues, company culture difficulties, and family-owned business problems. I can help describe why alternative dispute resolution may be a good choice for you. As an experienced management consultant I may be able to offer creative ideas to help resolve your organizational and business problems and disputes. "If you say conflict, I say opportunity".
Question I have a harassment suit (co-worker bullying). My lawyer keeps trying to bilk me out of money, $32,800 so far and is still not satisfied. Just yesterday he had me sign a workmans comp agreement for $30,000. After I signed, he said the arbitrator said he could take 20% of that TOO!
He said that, "there's more than one way to skin a cat"!-since he knows I won't give him any more money. Don't you think $32,000 is enough?
He also tried to make me late for my last hearing so that I'd lose & appeal the case so he could take even MORE money from me! What other kind of shifty moves can I expect to watch out for? I'm afraid to get another lawyer since he knows the arbitrator & I'm afraid he'll arrange that I get less of a settlement w/another lawyer. Since I don't know the law, is that possible? Also, will I get that %20 back when the case settles? I feel very alone in this and appreciate any help you can give me.--Thank You, Maria
Answer Thank you for your question!
Mediators act as neutral third parties to disputes and never "get involved" in judging the merits of conflict, but merely use special techniques to help the parties decide how to negotiate their own settlement.
The case you describe here is unfortunately very typical. I am not a lawyer, nor can I mediate your dispute with just you alone but I can respond to your question from my business consulting experience. Note that this issue may almost certainly develop legal implications and you
should consult another attorney.
Problems with the ethical behavior of attorneys are difficult to deal with, partly because its expensive to hire another lawyer, and also because lawyers don't like to go after each other.
I would recommend you contact your local BAR association. They have procedures to file a complaint against your lawyer if you beleive you have been dealt with unfairly. They can also give you some counsel about your case as well. You may have to file another lawsuit if it turns out the lawyer is not playing with a full deck.
I wish I had better options for you.
These are some ideas. Feel free to follow up with additional questions.
For your information, the pros and cons of the types of dispute resolution methods follows.
GOOD LUCK!
Arbitration, Mediation, and Litigation
Arbitration: the referral of a dispute to one or more impartial persons for final and binding determination outside of the judicial system
Benefits of Arbitration:
Confidential, no public record
Limited exchange of documentation, information
Quick, don't have to wait for a court date
Arbitrators have expertise in the subject matter and are trained in conflict resolution
Cheaper than litigation
Preserves business relationships
Negatives of Arbitration
It's a compromise, no %100 winner
Complex arbitration can be costly
If not satisfied, may litigate the arbitration procedure
Poor results with an unskilled arbitrator
Both parties must agree to cooperate in the process
Mediation: the process by which parties submit their dispute to a neutral third party (the mediator) who works with the parties to reach a settlement of their dispute.
Benefits of Mediation:
Neutral mediator can objectively suggest alternatives not considered before
Parties are directly engaged in negotiating the settlement
Can be quicker than litigation
Less costly than litigation
Preserves business relationships
85% of American Arbitration Association cases mediated find successful solutions
Negatives of Mediation
may not reach a binding decision
unskilled mediator
Litigation: using the judicial system to resolve disputes
Benefits of litigation:
a clear winner and loser
uses a prescribed set of procedures
more predictable outcomes
is final
Negatives of Litigation:
waiting for court dates can do more hare
usually more expensive than mediation and arbitration
part of the public record
