Can I Cancel or Reschedule my Mediation Appointment

Mediation is a sensible way for two sides in a legal dispute to resolve their differences. An accident victim, for example, may agree to mediation for the purpose of settling a lawsuit before it goes to trial. In many cases, mediation is ordered by the court before you can ask for a trial date. No matter why you are participating in a mediation session, there may be emergencies that force you to cancel the meeting. Alternatively, you may feel that mediation is the wrong course of action and want to consider other options.

So, what are your choices when you need to cancel or reschedule a mediation meeting?

• Are there any penalties if I no longer wish to participate in mediation?
• What should I do if my lawyer insists that mediation is the right thing to do, but I don’t agree?

Please keep reading for more information on canceling a mediation appointment when you are trying to settle an accident injury claim. You can also reach out to us at any time if you have questions or concerns and need advice from a personal injury lawyer.

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What can I Do if I Want to Cancel my Mediation Time?

The answer depends on numerous factors, including the type of mediation that’s been scheduled. As we mentioned before, the courts often order people to meet with a mediator if they cannot resolve their differences through their attorneys. You see this a lot in divorce and child custody cases, but it’s also very common in situations where someone is harmed by another party’s negligence.

A typical mediation involves a structured negotiation process facilitated by a certified mediator. The mediator is a neutral third party, so they have no loyalty to either the plaintiff or defendant. Their role is to offer suggestions, facilitate communication, and try to help both sides achieve an agreement without the expense of taking the case to trial.

Each court system has their own set of rules on rescheduling or canceling a mediation appointment, but you will need to give advanced notice and get permission from the court to move the meeting to another date. Please note that you may be charged a fee for the cancellation that’s based on the mediator’s hourly rate.

As for canceling mediation altogether, this is generally not an option if you were ordered to work with a mediator by the court. However, if you have made a genuine attempt during mediation to reach a resolution and it’s just not working out, your lawyer can take the necessary steps to ask for a trial date.

I Want to Cancel a Voluntary Mediation – What Should I Do?

For mediation meetings that are not ordered by the court, you will need to refer to the mediator’s terms to see how you can cancel or ask for another meeting date. Typically, a mediator will have terms for how far in advance you need to cancel (2 business days ahead of time, for example). If you do not give the required notice in advance, the mediator has the right to charge you, similar to how you would be charged for a rescheduling a court ordered mediation.

However, unlike mediation that’s ordered by the court, you can back out of a voluntary mediation at any time. And even if it will cost you to do so, it may be worth it in the long run to explore other ways to settle your case. These are issues that you must go over with your attorney as soon as possible, so that you are aware of the consequences of canceling a scheduled mediation appointment. But what if your lawyer refuses to cancel the meeting and insists that going through with it is the only way to reach a resolution?

What if my Lawyer Does Not Want to Reschedule?

If there are no restrictions from the court that prohibit you from canceling mediation, your lawyer should not object to your wishes. Of course, they do have a duty to advise you of what can happen if you do and try to steer you in the direction that they believe is in your best interest. But they can’t adamantly refuse to cancel or reschedule the meeting until you’ve had more time to think about what you want to do.

If the issue of mediation has you between a rock and a hard place with your attorney, please consider meeting with one of our lawyers, who can offer a fresh and honest perspective on your case. The consultation is confidential and 100% free, so you have nothing to lose by contacting us for advice on mediating a personal injury lawsuit.

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