Mediation by telephone?

[troubleinaz]

I am scheduled for mediation with Midland's Atty day after tomorrow. I just got a notice today that they asked for and it was ordered that Midlland could appear via telephone. They said it was because the attorney is in San Diego, but when I had to send paperwork in, the attorney's address was local, here in AZ.

Should that concern me? Why did I only get notice after the order had been issued?

The only proof they have offered as evidence is an affidavit (which I am desperately searching on how to file motion to strike as hearsay) and the last two pages of a cardmember agreement which is just the small print that could be from any account. There is no signed agreement attached, and there is no OC account number to be found anywhere.

What do I say at this mediation? Do I ask for dismissal at this time and if so, does it need to be in the form of a motion?

I've received some great advice here. Sometimes I get quite overwhelmed and am not sure what to do. It's not so easy understanding how to cite law! Any help is appreciated!!!

[debtorshusband]

Unfortunately, I don't know the answers to any of your questions. I offer the following as just my opinion...

It is not uncommon for an attorney to appear by telephone at something like this, but usually it's within the same state. For example, a San Diego attorney is handling a case in San Francisco, and does so by phone. I think the key question is "Is he licensed to practice law in Arizona?" If this is just a case of an attorney from AZ handling this while he is traveling to SD, there's really no objection. But if for some reason this has been handed to a California attorney who is not licensed in AZ, I think I would object. Find out where he's licensed through the AZ and CA bar association web sites.

An affidavit regarding the validity of the debt is only valid if it's by an employee of the Original Creditor, who has first hand knowledge of the account. I think a motion to strike as hearsay must say just that: "Affiant (sp?) is not an employee of the Original Creditor and does not have first hand knowledge of this account."

Who's mediating? If it's not the judge, I don't think any sort of motion to dismiss will be considered. If it is the judge, you can simply ask that the case be dismissed due to lack of evidence. That would be after you've said what you've mentioned here: You are not prepared to enter into any negotiations until plaintiff has produced sufficient proof, namely: document with your signature showing you are obligated, proper assignments showing they have purchased the account and are proper owners (must specifically cite the account number at issue), an accounting of how the amount claimed was arrived at, etc.

Hopefully someone will chime in with more solid advice.

Good luck,

DH

[merrybucks]

They said it was because the attorney is in San Diego

He is probably on vacation. This is spring break week for most schools in AZ.

[troubleinaz]

Thank you for your help. I filed my Motion to Strike Affidavit today, along with Response to Interrogatories, my Disclosure Statement and Request for Documents.

I also have a Sworn Denial typed up to file but couldn't make it to the bank to get it notarized in time to file today.Depending on how the mediation goes tomorrow I will get that done too.

I am a little nervous about the mediation. I'm not sure what to say but I think I feel a little better knowing that the attorney will not actually be there. I assume the Mediator is court appointed and unbiased. But, not sure.

Has anyone else gone through this mediation??

[merrybucks]

I assume the Mediator is court appointed and unbiased. But, not sure.

In order to be a court appointed mediator, in AZ, you have to take a 40 hour course given by the AG's office. The mediator should be unbiased and probably isn't an attorney.

Mediation is less formal than court with the mediator trying to get the 2 sides to reach an agreement. Evidence can be submitted that wouldn't be allowed in court.