what can be done about a non-neutral mediator
last summer rather than go to small claims court i chose mediation......the mediator was rude and verbally abusive. i thought mediation was supposed to help both parties reach an agreement without bias.
when i was trying to present my side she was so insulting that i eventually just shut down and agreed to something i should have never agreed too. is this duress and do i have any recourse? thank you so much
Re: what can be done about a non-neutral mediator
Sadly, the law has a long way to go in spelling out the ethical/legal duties of a "neutral" mediator. Whether the mediator was an attorney also affects what his/her ehtical obligations are. Oftentimes a mediator will "beat up on" one side of the case if that party is being completely unreasonable. Many people choose mediation for just that purpose - to give one of the party's a "reality check" from an impartial observer. I assume you were not represented by counsel at the mediation.
Short answer, no, the facts you describe do not rise to the level of duress. Was there a written agreement or memorandum of understanding signed by you and the other party? As to the other question, you have no recourse if you voluntarily entered into the agreement, absent any showing of collusion or bribery of the mediator.
