Q: How do I file a complaint against my mediator to get money back that I recently paid her that she doesn't deserve?
In March 2024, she became extremely hostile and argumentative towards me and sided with my ex husband on everything. We parted ways at the end of March 2024. We received a bill for the month of March and I have been paying my half (in installments). This month being the last month which I am not paying. After hiring an attorney it was brought to my attention that most of her messages were against me and in favor of my ex-husband. I feel she was not acting as an unbiased mediator and I want to file a complaint to get the money back that I paid her for March. It's only $1000 but because of her "opinions" and lack of professionalism I had to hire an attorney which is now costing me thousands of dollars and I blame her for the things she said and did during this time frame because my ex is using this as his case for court. Although it's privileged so he really has no case.
How do I go about filing a complaint against her and getting an arbitration hearing to try to recover my $1000?
A:
To file a complaint against your mediator in California, start by contacting the organization that provided the mediation services. This could be a court-connected program, private mediation service, or a professional association. They typically have a formal process for handling complaints against mediators. You can explain your concerns and request an investigation into her conduct.
Next, consider filing a complaint with the California State Bar if the mediator is also a licensed attorney. They have a disciplinary process for attorneys who may have acted unprofessionally or unethically. Additionally, if the mediator is affiliated with any professional mediation associations, you can file a complaint through those organizations as well.
To seek a refund of the $1000, you can request an arbitration hearing through the mediation service provider or any professional association she belongs to. Be prepared to provide detailed documentation and evidence of her bias and unprofessional behavior. Having your attorney assist in this process may increase your chances of a successful outcome.
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