More details to this question:
Back in 2011, I was a Santa Claus under contract to work in a mall location. The maintenance workers left out an extension cord , I fell face forward and damaged my right hand wrist. I have had 3 surgeries ( the last one with a screw and 1/2 inch of bone cut out ) and maybe one more next year.? My Attorney has agreed to Mediation but after talking to another person they said mediation is a waste of time and I should be going through Arbitration or litigation ... What are your thoughts , Thanks ...
1 ANSWER
From what you've written, it seems that you have not yet commenced litigation.
Mediation may turn out to be a waste of time, but if it does there is nothing to prevent you from commencing a litigation (or an arbitration if the other side agrees to arbitrate - you can't force them to arbitrate absent an agreement to do so). Just make sure there is no statute of limitations problem. On the other hand, there is nothing to stop you from mediating after you have commenced the litigation and perhaps gone through discovery, but that could be very expensive. If the pre-litigation mediation is successful, however, you will save a LOT of money you would have to spend to litigate or arbitrate, not to mention the hassle of having to be deposed, testifying at trial, disclosing your private financial documents to the other side, etc
The bottom line is do you trust your attorney? If you do, you should heed his/her advice and mediate. If you don't trust your attorney, you might want to think about getting a different one.
Answered on Oct 09th, 2013 at 5:39 PM