Tracy, CA asked in Arbitration / Mediation Law for California

Q: If someone serves me with civil suit and it’s been settled in mediation can they come back and criminally sue?

Can a unlimited civil suit be settled in mediation with prejudice? Also would I need a lawyer for mediation or will the mediator help to resolve it on both sides?

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1 Lawyer Answer
Tim Akpinar
Tim Akpinar
  • Arbitration & Mediation Lawyer
  • Little Neck, NY

A: A California attorney could advise best, but your post remains open for two weeks. As a general matter, if your case was settled, the other side would not usually have grounds to sue. Check to see if there is a signed release in the file. I'm not clear on what you mean by criminally sue; suing would ordinarily be a civil action if it was on the part of an ordinary person - it is not a prosecution on the part of the state. On your last question, the mediator is supposed to be impartial; she or he is not representing your interests or assisting you at the exclusion of the adversary - she or he is usually working toward facilitating a resolution between BOTH of you. You raise a number of questions and it isn't mentioned what type of mediation this is. To be certain of what you need to do, it could be best if you consulted with a California attorney. Good luck

Tim Akpinar

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