Any mediation lawyers in the house ?

[guitarbug]

I need some advice, I have a mediation against my business partner this wed comming up and wonder if anyone could help me out. I don't know much about this type of trial and have some ?'s about the ethics and legalitys about goint to solve a dispute with my business partner and we are having the mediation at the lawyers office that set up our incorporation! It just happens to be the same company that has worked with him for years (long story) I think I have a no loose case but a little wairy about his lawyers office doing the medeation. They said that they have another attorneys rep come in and mediate, but something seems funny about it. Is is the norm for me to have a lawyer with me or are these more one on one deals. This is about quite a bit of money and I stand to come out either what I have now or much more that I believe is owed to me. Any help would be great , just some help with the process and the presence of lawyers on both sides is what I need help with.

[Teddington]

Chris, get a lawyer. You are being set up. You need someone to protect your legal rights.

[Murph]

Get A Lawyer Now!

[Angelo]

Good advice Terry.
Chris, have someone represent you at the mediation.

[guitarbug]

Thanks Terry, Angelo & murph! Just by you're reactions sounds like I need someone there with me. At least now I can spell mediation, lol .

[guitarbug]

Next question, anyone know a good (cheap) lawyer! Maybe one I could barter termite work, guitars or photography for ?

[Angelo]

I know several but don't do that type of work. I'd call someone close to you, discuss the problem over the phone and see if he can/or willing to help. Not knowing how much you are subject to lose, his fees may be well worth it.

I'll keep my fingers crossed that you'll come out OK.

[Cybastean]

These are just general comments. Your case may have special circumstances that I don't know about that would make some or all of these comments inapplicable to you.
Even so, the following are some general rules that may give you a little help understanding what's going on.

1. A mediator should be impartial. The lawyer who worked for your ex-partner is not in a position to be impartial. If you want to be reasonably sure that your rights are protected, you should get your own counsel. You have to decide whether it makes sense to do so, in part based on how much money is at stake. Hiring a $300 per hour lawyer to handle a $5000 case makes no sense. Only you can decide how much you want to invest in this matter.

2. A mediation is NOT a trial. It's just an attempt to get the two sides to settle the dispute. In a mediation, you do not have to agree to anything you don't want to. If the mediation works properly, then the two sides generally give in on some points and win some others, and they settle on some middle ground. In the situation you described, you are likely to be subjected to a lot of pressure by your partner and his lawyer to give ground on your positions. If you go into the mediation with your own lawyer, he or she will push back and help balance the contest for you. If there's enough money involved, and you want to resolve this in a mediation and not in court, then it really would be a good idea to get a lawyer to help you with the mediation, and to get a real, neutral, arbitrator. Any litigator with mediation experience can explain this process to you better than I can in a short message.

3. Unless you are under some court order to mediate, you shouldn't feel compelled to attend this meeting until you are fully prepared. If you are uneasy, if you have enough at risk to justify hiring a lawyer, then you might consider postponing the "mediation" until your own lawyer is up to speed and can properly represent you.

Good luck. And remember, this, like all legal advice, is worth no more than you pay for it.

[guitarbug]

Originally Posted by Angelo

I know several but don't do that type of work. I'd call someone close to you, discuss the problem over the phone and see if he can/or willing to help. Not knowing how much you are subject to lose, his fees may be well worth it.

I'll keep my fingers crossed that you'll come out OK.

Thanks Angelo, will do! Its not what I will loose, its what I have been loosing. Found out something about my so called friend and business partner was paying himself a little more than I was aware of. Now its payback time and it comes down to does our company have enough to pay me what he was paying himself. I think he should lower his salary and mine should go up to even things out. This has only happen for the last 10 months and the problem lies within our merge of 2 companies and who brought what to the table ? Like I said its kind of a long story, but I think anyone who has half a brain would see that 50/50 incorporated partners should get 50/50 of the money! We shall see ? Thanks for you're help!

[RKDauph]

Cybastean is right on target. The arbitrager's name should have been given to you before your hearing date. Insist on one currently listed with the Nation Mediation Board.

[guitarbug]

Originally Posted by Cybastean

These are just general comments. Your case may have special circumstances that I don't know about that would make some or all of these comments inapplicable to you.
Even so, the following are some general rules that may give you a little help understanding what's going on.

1. A mediator should be impartial. The lawyer who worked for your ex-partner is not in a position to be impartial. If you want to be reasonably sure that your rights are protected, you should get your own counsel. You have to decide whether it makes sense to do so, in part based on how much money is at stake. Hiring a $300 per hour lawyer to handle a $5000 case makes no sense. Only you can decide how much you want to invest in this matter.

2. A mediation is NOT a trial. It's just an attempt to get the two sides to settle the dispute. In a mediation, you do not have to agree to anything you don't want to. If the mediation works properly, then the two sides generally give in on some points and win some others, and they settle on some middle ground. In the situation you described, you are likely to be subjected to a lot of pressure by your partner and his lawyer to give ground on your positions. If you go into the mediation with your own lawyer, he or she will push back and help balance the contest for you. If there's enough money involved, and you want to resolve this in a mediation and not in court, then it really would be a good idea to get a lawyer to help you with the mediation, and to get a real, neutral, arbitrator. Any litigator with mediation experience can explain this process to you better than I can in a short message.

3. Unless you are under some court order to mediate, you shouldn't feel compelled to attend this meeting until you are fully prepared. If you are uneasy, if you have enough at risk to justify hiring a lawyer, then you might consider postponing the "mediation" until your own lawyer is up to speed and can properly represent you.

Good luck. And remember, this, like all legal advice, is worth no more than you pay for it.

I posted the last note before i seen you're reply! I think you have a great point as Ray states, thanks Ray! I only have until wed , so I believe I will postpone it! The only reason its being held at our companies lawyers office was because he wrote our by laws and we did not know how else to set up a mediation. The thing that makes me uncomfortable is if the lawyer they say they are having come in knows my business partner? Supposably not! But i still feel it should be totaly outside of anyone who knows anything to do with him. When I talked with my business partner I asked why Ed (our company laywer) was going to be there ? he replied that he wrote the by laws and has to explain them! Does this seem normal ? I have the by laws and nowhere in it does it state that he should pay himself more than me or who decides how much each gets paid! The only reason its gone on this far is because its always been him doing the finances wich I hate and me doing the marketing (wich brings in most of the money, if not all) ! It was only after I looked at our P&L statements and saw what he was paying himself and almost had a cow! Well thanks again for all you're help! Sorry to ramble.

[Angelo]

Chris, Gerald has given you some good advice. From the little you have said about the situation, get an attorney. Delay the meeting until you are well prepared. The attorney that wrote the by-laws appears to know your partner and will most likely favor him.

Good luck to you...

[guitarbug]

Originally Posted by Angelo

Chris, Gerald has given you some good advice. From the little you have said about the situation, get an attorney. Delay the meeting until you are well prepared. The attorney that wrote the by-laws appears to know your partner and will most likely favor him.

Good luck to you...

Thanks Angelo, thats exactly what I am afraid of. I will be making some calls monday am!

[Duffy Pratt]

The goal of the mediation is to reach some sort of settlement. You may, or may not, need a lawyer for the dispute.

Is there anything in your partnership agreement that says you have to mediate?

If so, then you could just go to the mediation. There's nothing that says you have to settle. You could just listen politely, not say too much about your side of things, and then say no thanks. If I wanted to save the money on an attorney, that's what I would be inclined to do. (Of course, I am an attorney, so I am probably less intimidated by all the legal mumbo jumbo.) If there is alot at state, and you think the whole thing is likely to blow up into lawsuits anyways, then you should almost certainly get an attorney.

Duffy

[guitarbug]

Originally Posted by Duffy Pratt

The goal of the mediation is to reach some sort of settlement. You may, or may not, need a lawyer for the dispute.

Is there anything in your partnership agreement that says you have to mediate?

If so, then you could just go to the mediation. There's nothing that says you have to settle. You could just listen politely, not say too much about your side of things, and then say no thanks. If I wanted to save the money on an attorney, that's what I would be inclined to do. (Of course, I am an attorney, so I am probably less intimidated by all the legal mumbo jumbo.) If there is alot at state, and you think the whole thing is likely to blow up into lawsuits anyways, then you should almost certainly get an attorney.

Duffy

Yes! It is written in our by laws that we have to go to mediation. But who mediates is a differn't story. Thanks Duffy..