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Jury trial vs. Mediation

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brebert

Junior Member
What is the name of your state?What is the name of your state? Indiana

We had a house built by a Builder (Inc.) and are currently in the 6 mo. of a lawsuit against him. After the builder's deposition, his lawyer is requesting a house inspection (no major problems) , our deposition, and possible early mediation. We have a list of 7 former clients who we personally know who are equally as upset as we are with this builder but we are the only ones pursuing legal action. He basically owes us apx $10,000 plus lawyer fees and maybe extra for pain & suffering. Won't go into all the details but luckily, we have documented everything since the last 4 mos of construction so we believe we have most of the bases covered. (hind sight 20/20). Found out yesterday thru court house records that this builder's house is being forclosed on and there are a couple of liens on that house of about $15,000. Value of his house is $230,000 and we don't know if it has 2nd mrtg's or not. My question..........your thoughts on mediation vs trial jury. I believe mediation is enforceable in Indiana. One of the former clients has had a judgement against same builder for over 2 yrs and is still having trouble getting the money from builder. Our atty wants us to make our own decision and we need ideas. We, the homeowners, believe we are right in our lawsuit, but recieving the money is a big issue. The trial will cost us apx $5-7,000 which we can work extra OT to get, but worth the fight to ever get the judgement money??? Your experience is very appreciated !!
( We, the homeowners, are just blue collar working stiffs trying to get by and keep the bills paid and the kids happy )
 


brebert

Junior Member
Indiana
PS The builder had the usual (vague) builder's contract with an arbitration clause but our lawyer said that the builder has such "dirty hands" that the contract is pretty much null and void at this time.
 

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