mediation

[aquila]

due to an injury that this case is about i was declared incompetent and unable to handle my affairs and was appointed aguardian by the georgia courts. during mediation yesterday i was alone. i felt pressured and confused. is my signature legal and the mediation contract binding. is there a three day legal contract back out in force in ga. Thanks.

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[I AM ALWAYS LIABLE]

<BLOCKQUOTE><font size="1" face="Arial, Helvetica, Verdana">quote:</font><HR>Originally posted by aquila:
due to an injury that this case is about i was declared incompetent and unable to handle my affairs and was appointed aguardian by the georgia courts. during mediation yesterday i was alone. i felt pressured and confused. is my signature legal and the mediation contract binding. is there a three day legal contract back out in force in ga. Thanks.

<HR></BLOCKQUOTE>

My response:

If you're incompetent, why were you "alone" at the mediation? Where was your Guardian ad Litem? Like an underage child, an "incompetent" lacks the ability to give "consent" or to enter into otherwise valid contracts. Depending on the actual, full facts, you may be able to have the mediation agreement voided.

IAAL



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[aquila]

is it possible to revoke this contract under the 3 day permission to revoke a signed contract, or does that not pertain to a mediation? thanks

 

[I AM ALWAYS LIABLE]

<BLOCKQUOTE><font size="1" face="Arial, Helvetica, Verdana">quote:</font><HR>Originally posted by aquila:
is it possible to revoke this contract under the 3 day permission to revoke a signed contract, or does that not pertain to a mediation? thanks<HR></BLOCKQUOTE>


My response:

If you answer my questions, I'll answer yours. Deal?

IAAL


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By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."

 

[aquila]

deal. i told my attorney i didn't need to have mylegal guardian there because not only could i handle it myself but he was aware that the guardian was out of town. it became apparent after 8 gruelling hours that i was outmatched and not catching all that was happening. even before 1 hour, really. i now think i should have waited for my guardian. Do you think my signature and the document is legal and valid? thanks.

 

[I AM ALWAYS LIABLE]

<BLOCKQUOTE><font size="1" face="Arial, Helvetica, Verdana">quote:</font><HR>Originally posted by aquila:
deal. i told my attorney i didn't need to have mylegal guardian there because not only could i handle it myself but he was aware that the guardian was out of town. it became apparent after 8 gruelling hours that i was outmatched and not catching all that was happening. even before 1 hour, really. i now think i should have waited for my guardian. Do you think my signature and the document is legal and valid? thanks.<HR></BLOCKQUOTE>


My response:

If your attorney knew that you were legally incompetent, he should have demanded a continuance until your guardian was available. Your attorney had no right to do as you say. You're an "incompetent" remember? Your attorney had an obligation and duty to discuss this whole matter with your guardian before the mediation, just like he would have talked to a child's parents - - even though the child would be his "client." Your attorney, if he knew and kept the information away from the mediator and the other parties, can be in hot soup with the State Bar Association and has some "splaining" to do.

However, like a minor who enters into a contract, an "incompetent" can disavow a contract, thus voiding the same at any time prior to "emancipation" or release from a judgment of incompetency. Your Guardian (not you) and your attorney need to write a letter to the mediator, and copy the opposing counsel, explaining the situation and enclose a copy for each office your "judgment of incompetency", and informing all parties and the mediator that you are immediately rescinding the agreement on the grounds of incompetency.

IAAL


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By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."