Mediation Advice

[steven200738]

What is the name of your state (only U.S. law)? Minnesota. I have a sizeable default judgment against my former employer. Mediation was their suggestion, and is set up for later this month. Their lawyer has stated that immediately following mediation, the company will seek to vacate the judgment. I know my former employer wants that judgment off his record because the state has revoked his previous business license and denied another. Why wouldn't they try to vacate the judgment before mediation? All I can come up with is they are going to try and settle, and as part of the settlement, they will ask that we will agree to not stand in the way of the motion to vacate. Does this make any sense, or is it some kind of trick? I don't think my former employer knows yet, but I have enough information and evidence to show bankruptcy fraud (yes, he filed for chapter 7 bankruptcy personally and claims the company went out of business, which it did not), embezzlement, commingling, fraud, and tax evasion. I am looking for your opinion or any mediation advice at all. I am willing to compromise in mediation and know exactly what I will settle for. If you have experience in this or opinions, I am all ears. Thanks so much. MinnesotaWhat is the name of your state (only U.S. law)?

 

[sandyclaus]

What is the name of your state (only U.S. law)? Minnesota. I have a sizeable default judgment against my former employer. Mediation is set up for later this month. Their lawyer has stated that immediately following mediation, the company will seek to vacate the judgment. I know my former employer wants that judgment off his record because the state has revoked his previous business license and denied another. Why wouldn't they try to vacate the judgment before mediation? All I can come up with is they are going to try and settle, and as part of the settlement, they will ask that we will agree to not stand in the way of the motion to vacate. Does this make any sense, or is it some kind of trick? I don't think my former employer knows yet, but I have enough information and evidence to show bankruptcy fraud (yes, he filed for chapter 7 bankruptcy personally and claims the company went out of business, which it did not), embezzlement, commingling, fraud, and tax evasion. I am looking for your opinion or any mediation advice at all. I am willing to compromise in mediation and know exactly what I will settle for. If you have experience in this or opinions, I am all ears. Thanks so much. MinnesotaWhat is the name of your state (only U.S. law)?

Did I hear correctly? They agreed to mediation, which should feasibly settle the case, and are saying that no matter what the outcome, they're going to file a motion to vacate the judgment?

The attorney knows that any settlement that is agreed upon in mediation is legally binding. Unless there is fraud or some substantial issue with the terms of the mediated settlement, the attorney can make his motion, but it will most likely be denied. He's probably trying to convince you to settle in their favor, by trying to say they'll settle but then ask the court to ignore the mediated settlement as if it never happened. That makes absolutely no sense.

Don't make any agreement not to oppose a motion to vacate. It sounds like it would be a frivolous motion anyway.

 

[Ronin]

Why wouldn't they try to vacate the judgment before mediation?

If they had good grounds to vacate judgment, they probably would have moved to do so already. It is possible they are using the threat of this to pressure you at mediation. If they had vacated the judgment before mediation, they would be in a much stronger position against you at mediation than they are now. But they didn't...

Either way, doing their best to vacate the judgment makes sense regardless of the outcome of mediation, since it would remove this from the company's record. And if they mediated a solution with you it would prevent you from filing suit against them again.

Your attorney should review your case to determine if there are any weak spots in your case that could even remotely support a motion to vacate.