Can I Cancel my Mediator’s Proposal Appointment?

Many people who are trying to resolve a legal dispute participate in mediation, where a certified mediator facilitates communication and makes suggestions that can help both parties come to an agreement. You often hear of mediation with divorce cases, but it can also be used in personal injury lawsuits, where someone was harmed due to another party’s negligence.

In California, a judge can order mediation for injury and/or property damage claims that are worth $50,000 and above. So, if the harm you suffered is relatively minor, it’s unlikely that the courts will order you to participate in mediation. However, the vast majority of claims we handle for car accidents, slip and falls, assault and battery, etc., exceed $50,000 in damages. Thus, it’s safe to say that court-ordered mediation is fairly common if both sides cannot come to an agreement on the amount owed to the victim.

Even if mediation is ordered by the judge, you are not required to agree with any proposal that’s offered by the mediator. This is simply a proposed settlement that’s suggested by the mediator, and not a legally binding decision. You will be given a deadline to accept or reject the proposal, and if both sides can’t agree, trying the case in court may be the only option.

What happens, though, if you want extra time to think about your options and you need to cancel the proposal meeting? Or, maybe you received the proposal already, but you want to reject it while your lawyer insists that accepting the money is the right way to go. What are your rights when it comes to cancelling or rescheduling a meeting for mediating a personal injury claim?

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Can I Reschedule or Cancel my Mediation Time?

If you are entering voluntarily into mediation, you can opt out of the process at any time. Mediation is non-binding, and neither side is forced to settle their case in this manner. Of course, the goal is to try and reach a settlement if at all possible. Otherwise, going to trial may be your only option, and that can easily add another one or two years to the legal process. That may be the best course of action depending on your circumstances, however, and this is a subject that you will need to discuss in detail with your attorney.

What can I do if I want to cancel my mediator’s proposal appointment for a court-ordered mediation?

If you were ordered to mediation by a judge, your lawyer can explain the terms for any cancellations before or during the mediation process. In some cases, you will need to file a motion to set aside the order, but please be aware that it may not be approved. Judges favor mediation as a general rule, and if you are along as far as a mediator’s proposal, they will probably demand that you see it through. On the other hand, if you want to reschedule while you get a second opinion from another lawyer, that may be a request they are willing to consider.

What if my Lawyer Does Not Want to Reschedule?

Disagreements between lawyers and clients are not uncommon, but there are some issues where being on the same page is essential. For example, you may have second thoughts about mediation and know that the proposal isn’t going to be in your favor. This isn’t unusual, since the mediator’s goal is not about coming up with a fair resolution. Instead, they are proposing a settlement value that they think will get the case resolved once and for all.

When you look at it that way, it’s fair to say that the negligent party may have an advantage, since the mediator is likely to suggest that you settle for less than what you actually deserve. We’re not saying this is always the case, but the opportunity is there, and this is one reason why many accident victims want to rethink their options or ask for a court date.

What can I Do if my Lawyer won’t Cancel the Mediator’s Proposal Meeting?

This is one of the questions that comes up during second opinion consultations at our law firm. It’s your right to cancel a mediator’s proposal meeting; there’s no denying that. But what if your lawyer is being less than cooperative with your request to cancel, or at the very least, reschedule the meeting? What if you are feeling pressured – maybe even bullied – into accepting whatever is recommended in the mediator’s proposal?

While it’s a violation of your rights to try and pressure you into a decision you’re not sure about, you also can’t hold your lawyer hostage and force them to cancel a meeting that they don’t want to cancel. However, you do have the right to find a new lawyer to take over your case. Firing your lawyer can be done at any time, even if you have a scheduled trial date.

Can I Switch Lawyers after Mediation?

Yes, you can switch lawyers before or after mediation, or at any time during your case. Hiring a lawyer is completely up to you, and you also have the right to fire a legal representative that isn’t serving your interests. However, you want to make sure that you’re not jumping ship because of personal grievances that can be overlooked. Or, it may be that your lawyer is telling you what you don’t want to hear, but you would get the same advice from any other attorney that specialize in your type of lawsuit.

This is why it’s important to speak with another lawyer first and discuss the pros and cons of switching counsel in the middle of a lawsuit. A seasoned accident injury attorney can verify whether your case is on the right track and that your lawyer is acting within reason to bring you the best possible outcome. On the other hand, another lawyer may discover serious issues with your case that make merit a switch in law firms, no matter where you are in the legal process.

Our goal is to provide honest advice and help you determine the best course of action. Please keep reading to learn how you can talk to a personal injury attorney for free if you need a second opinion on your case.

Free Second Opinion Consultation

Obtaining a second opinion is completely within your rights as someone that’s involved in a legal dispute. However, finances are stretched to the limit for most people who are recovering from an accident. That’s why it would never occur to us to charge you for a second opinion consultation. Here at Normandie, we provide free second opinions on existing accident claims from a lawyer with decades of experience in personal injury lawsuits.

With an objective, honest assessment of your case, you can decide to change lawyers or stay with the firm that is currently representing you. If switching over to us is the right choice, there’s nothing you have to do when it comes to the transfer process. We take care of from start to finish without charging you a cent, so you won’t have to deal with the stress of ending your contract and asking for your case file. Just give us a call and schedule a free second opinion at your earliest convenience.

Zero Fee Guarantee

Here at Normandie, we take your case on contingency, meaning that we agree to waive all legal fees and charge them to the defendant, i.e., the party that injured you. Our payment is included in the settlement you receive at the end of your case. This is our only form of payment, so if you don’t get paid from a personal injury claim, then neither do we. That’s our promise to you under the Zero Fee Guarantee, so you will never pay out of pocket to hire one of our legal experts.

To discuss your rights and legal options with one of our attorneys, contact us today.

Other Pages on Our Website Related to This Topic
Can I Switch My Lawyer after a Mediation?
Can I Get a Higher Settlement on my Lawsuit if I Change my Lawyer?