Has my attorney committed malpractice or violated any fiduciary or contractual duties?
My attorney did not tell me about a mediation offer from the other side in my personal injury suit. I only found out about 1-2 weeks later when I asked for all the documents in my case. By the time I found out, my attorney had already sent another communication to the other side (saying nothing about the mediation). I told them to go back and ask about mediation, but the offer was now off of the table. My attorneys knew that I did not want to file a lawsuit and I was seeking something like unbinding arbitration.
Nathan’s Answer
Without litigation, it may be difficult to bring the other party to the table in a mediation. If the case is early on, it may be in the parties's interest to settle early, if they plan to settle at all. A legal matter, whether filed as a lawsuit or not, is always subject to possible expedient settlement at any stage.
Keep in mind that if the other side has offered their interest in mediation, this does not mean they are willing to settle, only that they are possibly willing to try mediation under circumstances favorable to them. Mediation, if both parties agree, can be scheduled at any time convenient to the parties. Mediation may or may not achieve resolution. Sometimes a party says they want to try mediation only to learn what evidence the other side has in preparation for litigation.
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