How to Avoid Losing Your Shirt in Debt Law Mediation – Rachael Knight
Even if the mediator makes every effort to be fair and honest, the process is skewed. To understand why we must first consider who the mediator is. A mediator is typically (but not always) a lawyer. However, you can almost always depend on it being a lawyer. That is beneficial and acceptable in general since you want someone who understands the legal process and what you may experience if you went to court. It will almost definitely be someone who spends a significant amount of time in court or with attorneys.
The court frequently provides the parties with a list of “authorised” mediators. You’d need the authorisation to bring someone else. I suppose that in some cases, the parties are entirely free to select their mediator. And I understand that the court assigns a mediator at random in some cases, and you have no say in the matter.
Mediation is Rigged.
In every case, the lawyer has an edge. The mediators have a reputation, and the attorneys can learn about it far more readily than you can. Therefore, they will not hire a mediator who has a reputation for being overly severe on them.
Of course, the mediators are aware of this. The debt collecting lawyers, you see, are “continuous.” They handle many of these cases, and if one of them decides never to employ a mediator well, it might cost the mediator a lot of money. If you decide against a mediator or don’t like them after the procedure, your alternatives are pretty limited. So said, the mediator doesn’t value your input as much. That is true of everything in the entire process.
Lawyers Have Faith in Lawyers
Next, have you ever heard the expression, “everything appears like a nail to someone who knows how to use a hammer?” That also applies to mediation. As previously said, the mediator is almost certainly a lawyer or an ex-legal. Lawyers have a natural regard for, confidence in, and understanding of one another.
The mediator may like and respect you, as well as be warm and pleasant. However, the mediator is more likely to trust and believe the lawyer than you when the chips are down. Because of this compassion for the debt collector’s lawyer, they will anticipate you to lose the case if it goes to trial, regardless of the facts.
This is true even if the mediator does not particularly trust or respect collection attorneys. We all know that debt collection isn’t rocket science, but attorneys all come from the same caste and expect other lawyers to defeat non-lawyers.
Your Benefits May Be Forgotten
The mediator will be compensated regardless of whether you reach an agreement or who wins. In addition, it will minimise the amount of time the mediator must devote to your primary advantage: the cost of litigation.
Furthermore, the mediator is unlikely to be knowledgeable about debt law or the debt collecting industry. As a result, the mediator will likely underestimate your second key advantage, the Rules of Evidence. Suppose you have my materials (and you should! ). In that case, you will most likely be considerably more knowledgeable about the applicable legislation and the “facts of life” in debt dispute than the mediator. It is because attorneys frequently take sides in their personal lives. I would never have represented a debt collecting firm, and debt collector attorneys hardly ever defend debt collectors. As a result, no debt collection attorney from either side is likely to be genuinely unbiased. Know about A M Mediators
And the majority of other lawyers know very nothing about debt collection. As a result, the mediator’s propensity to trust and believe the debt collector is amplified.
Mediation Can Be Difficult
Finally, let’s have a look at the mediation process itself. It allows for one-on-one battle (so to speak) between the parties without the burden of evidence requirements. (Another one of your significant advantages is that you understand the laws of evidence.) The debt collection lawyer will act as though he can prove everything without a hitch. The mediator will accept that. However, both will put you under pressure to “realise” how solid the debt collector’s case is. You’ll feel isolated and outnumbered. The debt collector’s lawyer sees no danger in this position; it’s simply a job to him, but the stakes are considerably more fantastic for you.
Throughout it all, you must remember and adhere to the truths that most debt collection lawyers do not have the proof they need to win their case and cannot obtain it inexpensively enough to go to trial against you and make money. So what exactly have they shown you? Can they bring up and show you and the mediator an affidavit from the original creditor proving that they, the debt collector, hold the debt, how much it is, and that you owe it but did not pay? Can they show you owe the money? How? Remember that they must have either a witness or an affidavit to include any account information from the original creditor. Can they obtain it for a low enough price to justify the cost? Unlikely! You might need to remind the mediator of these facts several times.
Don’t Forget About the Collection Risk.
You should also keep in mind their “collection risk.” How probable is it that they will be able to collect the money from you? If you didn’t pay (or owing), it was most likely because you couldn’t afford to. Just because they win a judgement, even if they do so after your arduous efforts in court and before, doesn’t imply they’ll collect their money.
Your primary responsibility in mediation is to remember these facts. Also, remember not to provide them with any knowledge or anything that might assist them in overcoming these difficulties. If you claim you could pay or acknowledge the account was yours, you make their work considerably simpler in court.
Also, keep in mind that if they have a lawyer or two there, the clock is ticking, and someone is paying, and they are not pleased about it. Time is on your side in mediation, as it is everywhere else. Keep in mind the Litigation materials and your advantages. If you can resist the dread and desire to give up, you’ll be in good condition and will be able to settle (or not) based on what is truly in your best interests.