Mediation Clause Enforcement Steps

Summary

If your contract specifies mediation for disputes, a lawsuit may conflict with that agreement. In Utah, mediation should be neutral. Respond in writing to refuse mediation at a biased location and insist on a neutral venue. Consult a lawyer to protect your rights.

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this is in Utah and they want me to use their mediatior at their law office. do I have the right to choose a mediator on neutral territiory
In Utah, mediation clauses usually specify that the mediator should be neutral. If your contract doesn't specify the mediator's location, you can request a neutral venue. Here are some steps:
- Review the exact wording of the mediation clause.
- Communicate your preference for a neutral location.
- If necessary, consult a lawyer to enforce this preference.
Would you like assistance in finding a local lawyer to help with this?
further they say unless they receive refusal in writing they will still hold the mediation and that they will interpret my absence as a waiver
It sounds like you are in a challenging situation. Here’s what you might consider:
- Respond in Writing: Clearly state your refusal to mediate at their specified location and insist on a neutral venue.
- Document Everything: Keep records of all communications.
- Consult a Lawyer: To ensure your rights are protected and to assist in enforcing the mediation clause properly.
Would you like assistance in finding a local lawyer to help you with this?
can you help me write an email to this
Sure, here’s a draft email you can use to respond to the law firm:
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Subject: Request for Neutral Mediation Venue
Dear [Law Firm's Name],
I am writing to formally address the mediation process for the dispute arising from our signed construction agreement. As per our contract, mediation is required for resolving claims and disputes. However, I must respectfully decline the proposal to hold the mediation at your law office.
It is my understanding that mediation should be conducted by a neutral mediator at a neutral location to ensure fairness to all parties involved. Therefore, I request that we select a mutually agreed-upon neutral venue for the mediation process.
Please consider this my formal refusal to mediate at your specified location. I am open to discussing potential neutral venues that would be acceptable to both parties.
I look forward to your prompt response on this matter.
Sincerely,
[Your Name]
[Your Contact Information]
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Feel free to adjust the details as needed. If you need further assistance, let me know!