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Can I sue my mediator?

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mshockey17

Junior Member
What is the name of your state (only U.S. law)? ny

I started mediation to reach a divorce agreement. The mediator advised that we were still tied financially so i proposed we establish a date for financial separation. We agreed on a date and established that agreement with the mediator. The mediator never made me aware that if we were to abandon mediation that the financial separation agreement decided in mediation would have no bearing if we were to continue in divorce court which was what happened. I did not understand this because I was never made aware and lost $27,000. Is there enough to sue the mediator? thanks
 


Just Blue

Senior Member
What is the name of your state (only U.S. law)? ny

I started mediation to reach a divorce agreement. The mediator advised that we were still tied financially so i proposed we establish a date for financial separation. We agreed on a date and established that agreement with the mediator. The mediator never made me aware that if we were to abandon mediation that the financial separation agreement decided in mediation would have no bearing if we were to continue in divorce court which was what happened. I did not understand this because I was never made aware and lost $27,000. Is there enough to sue the mediator? thanks
Did you have an attorney?
 

Zigner

Senior Member, Non-Attorney
What is the name of your state (only U.S. law)? ny

I started mediation to reach a divorce agreement. The mediator advised that we were still tied financially so i proposed we establish a date for financial separation. We agreed on a date and established that agreement with the mediator. The mediator never made me aware that if we were to abandon mediation that the financial separation agreement decided in mediation would have no bearing if we were to continue in divorce court which was what happened. I did not understand this because I was never made aware and lost $27,000. Is there enough to sue the mediator? thanks
Why do you feel it's the mediator's responsibility to advise you of this?
 

not2cleverRed

Obvious Observer
What is the name of your state (only U.S. law)? ny

I started mediation to reach a divorce agreement. The mediator advised that we were still tied financially so i proposed we establish a date for financial separation. We agreed on a date and established that agreement with the mediator. The mediator never made me aware that if we were to abandon mediation that the financial separation agreement decided in mediation would have no bearing if we were to continue in divorce court which was what happened. I did not understand this because I was never made aware and lost $27,000. Is there enough to sue the mediator? thanks
No. That is not enough for a non-frivolous lawsuit.

Should you decide to sue, expect for it to be tossed out, and for you to have pay the mediator's court costs as well.
 

quincy

Senior Member
What is the name of your state (only U.S. law)? ny

I started mediation to reach a divorce agreement. The mediator advised that we were still tied financially so i proposed we establish a date for financial separation. We agreed on a date and established that agreement with the mediator. The mediator never made me aware that if we were to abandon mediation that the financial separation agreement decided in mediation would have no bearing if we were to continue in divorce court which was what happened. I did not understand this because I was never made aware and lost $27,000. Is there enough to sue the mediator? thanks
Mediation might have been better explained to you perhaps, but the NY court websites have a wealth of information on mediation that was free for you to access at any time.

You have no legal action to pursue against the mediator.

If you and your ex could not come to complete agreement on all aspects of your divorce during mediation, you start all over again with the trial. Mediation is an alternative to trial. It is where couples can resolve and settle their divorce disputes. It works for some and not for others.

https://www.nycourts.gov/ip/adr/divorcemediation.shtml

Sorry. It is almost always best (and cheapest) to come to an agreement outside a courtroom.

You should keep all related questions to a single thread. It helps forum members help you better.
 
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CTU

Meddlesome Priestess
Now all of you should put your heads together to come up with names for all of the other days of the week.
I would, but I'd end up getting myself banned. ;)

(why don't we have a "halo" emojithingy?)
 

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