Do we need a lawyer for Mediation?

[ambiguator]

What is the name of your state? PA

My partner and I are about to enter Mediation regarding a plumbing issue
( see : [url]http://forum.freeadvice.com/showthread.php?t=373382[/url] )

Basically, the first time we used the bathroom in the new house, the downstairs ceiling started raining - an issue not noted by our inspector and not noted on the seller's disclosure. The seller's disclosure did note that the seller was the one who did the renovation, though now his plumbing contractor (presumably unlicensed and definitely without permit) is MIA.

Our "standard agreement" says that we have the option of bringing a lawyer, but do we really need to shell out all that $$?

Can someone give us a rundown of what happens at mediation?

In my opinion, this seems like an open-shut case - and we should get some $$ from the seller.

thanks in advance,
/a

[HomeGuru]

Originally Posted by ambiguator

What is the name of your state? PA

My partner and I are about to enter Mediation regarding a plumbing issue
( see : [url]http://forum.freeadvice.com/showthread.php?t=373382[/url] )

Basically, the first time we used the bathroom in the new house, the downstairs ceiling started raining - an issue not noted by our inspector and not noted on the seller's disclosure. The seller's disclosure did note that the seller was the one who did the renovation, though now his plumbing contractor (presumably unlicensed and definitely without permit) is MIA.

Our "standard agreement" says that we have the option of bringing a lawyer, but do we really need to shell out all that $$?

Can someone give us a rundown of what happens at mediation?

In my opinion, this seems like an open-shut case - and we should get some $$ from the seller.

thanks in advance,
/a

**A: why are you starting a new thread on this same issue?

[asil8170]

Hi, I just want you to know that I have no other legal background than many hours on the client's side of an attorney's desk.

Three weeks ago, I went through mediation with the previous owner's of the house I bought in May, 2005. Starting 3 weeks after closing, the house I bought flooded 7 times in the first year we owned it. In total, we suffered more than $50,000 of loss and damages. At mediation, the seller's highest offer was $3000. Needless to say, we are scheduled for trial in October.

So, your question is....what will happen in mediation? Well, this is how it went for me and according to my attorney...it was a very typical mediation.
First, both parties were sent to separate rooms. I did get a chance to meet the attorney for the defense, who was very nice. Then, the mediator met with both parties to explain how the mediation would proceed. It was also, at this time, that the mediator told us what HIS responsibilites and restrictions were. After each party had this information, the mediator participated in a "question and answer" session with each attorney. I don't know about the defendant, but I offered very little information at that time. As I understood it, this was done to bring the mediator "up to speed" on the particulars of our case. After the mediator had a clear picture of our "problem," he began to explain what HE believed to be the strong and weak points of our case. When that had been explained, he left us (my attorney and me) alone for about 15 minutes so we could discuss our first (highest) settlement figure. He did the same with the defense and asked for their first settlement offer. From there, things progressed very quickly. They may not have if the seller had not been so stubborn. Within 15 minutes, we lowered our request by $12,000 and the defense "upped" their's from $0 to $3000. Our mediator's last attempt was, a straight forward question to the defense, "Are we going to get to $10,000 today?" Their answer was, "Absolutelty NOT!!!" He then walked backed into our room and said, "It isn't going to get done today!!!" He also told me that his pride often gets in the way, since he settles more than 80% of the cases brought to him, but that, if he were me, he would NOT settle either.

So, that's how it went for me and I'll tell you, even though I pride myself in being knowlegeable, or at least very capable of researching and finding the answers I need, I'm glad that I had my attorney there. I've been disappointed in how my lawyer has "performed" up until the mediation, but he really "stepped up to the plate" during the mediation itself. He coached me, while the mediator was in with the other party, as to how much information to give and what information should be withheld. So, in my opinion, the $2500 retainer fee has been worth it...so far. I'll see, when October comes.

I hope that this helps and I'll be glad to answer any other questions you have. I'm fairly busy with my kids and my business for the next 2 days, so it may be a couple of days before I answer. Good Luck!!!!!!!!!!!!!!!!!! Let me tell you, you're problably in for a battle, and a long one at that. (mine's been going on for more than 2 years...and, it aint over yet)

[ambiguator]

**A: why are you starting a new thread on this same issue?

@HomeGuru: Although this is the same case, this is a new issue.

Originally Posted by asil8170

Hi, I just want you to know that I have no other legal background than many hours on the client's side of an attorney's desk.

...

@asil8170: thanks for that detailed explanation - very informative. We have still not actually started entering into mediation. In our case, we're looking at less than a $5K settlement, so I don't think retaining a lawyer for mediation will be worth it in our case.

I'm searching through old threads now, but can anyone point me toward resources or give advice for drafting a "let's go to mediation agreement" specific to real estate xaction that i can send to the seller and his realtor? What other steps do I need to take to get the ball rolling on this?

Here's the updated details of my sitch:
* had plumbing issue looked at by 4 separate plumbers
* received 2 written estimates, and 2 spoken estimates (with a $15K range)
* had the problem fixed to our satisfaction, but not up to code, by the lowest bidder
* paid the lowest bidder
* cashed the insurance check, covering about half of the total expenditures

Thanks again, y'all. this is a great forum.

[HomeGuru]

Originally Posted by ambiguator

@HomeGuru: Although this is the same case, this is a new issue.



@asil8170: thanks for that detailed explanation - very informative. We have still not actually started entering into mediation. In our case, we're looking at less than a $5K settlement, so I don't think retaining a lawyer for mediation will be worth it in our case.

I'm searching through old threads now, but can anyone point me toward resources or give advice for drafting a "let's go to mediation agreement" specific to real estate xaction that i can send to the seller and his realtor? What other steps do I need to take to get the ball rolling on this?

Here's the updated details of my sitch:
* had plumbing issue looked at by 4 separate plumbers
* received 2 written estimates, and 2 spoken estimates (with a $15K range)
* had the problem fixed to our satisfaction, but not up to code, by the lowest bidder
* paid the lowest bidder
* cashed the insurance check, covering about half of the total expenditures

Thanks again, y'all. this is a great forum.

**A: you need to hire an attorney to do the drafting or else check out [url]www.nolo.com[/url]

[ambiguator]

Originally Posted by HomeGuru

**A: you need to hire an attorney to do the drafting or else check out [url]www.nolo.com[/url]

Thanks for everyone's help so far.

I have talked to an atty, and he advised me to talk to my insurance company first to see if they would pursue subrogation for the amount already paid.

After that hurdle is cleared, we will either proceed with mediation with his help or decide it's not worth the cost.

Thanks again,
/a

[HomeGuru]

Originally Posted by ambiguator

Thanks for everyone's help so far.

I have talked to an atty, and he advised me to talk to my insurance company first to see if they would pursue subrogation for the amount already paid.

After that hurdle is cleared, we will either proceed with mediation with his help or decide it's not worth the cost.

Thanks again,
/a

**A: ok, keep us posted.