On April 4, 2011 we settled my personal injury case at mediation. It has now been 51 days and I still have not received payment. I’m wondering what’s the normal time frame for receiving settlement payment? Is there anything I can do to speed it up?
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Answer
Dear Robert,
Normally after a successful mediation the mediator must prepare the Mediation Agreements to be signed by both parties. Depending upon the number of cases the specific mediator has been assigned to, the Mediation Agreements may take 30–60 days to be completed and sent to each party for their review and signatures.
Once both parties have executed the Agreement and sent them back to the mediator she will notify whichever party is going to write the check. Depending upon how quickly the mediator contacts the party who will be writing the check, and how quickly after that the party actually sends the check to the mediator, it could take about 30 days more.
Then, in some cases more time will elapse as the mediator deposits the check into her trust account, and once cleared sends you her trust check. This is done to assure the check from the party writing it is good. To make the deposit, wait for the check to clear, and then send to the prevailing party (in this case you) her trust check can take about 30 days more.
The last thing a mediator would want to have happen is to work so hard mediating a hotly contested case, winning the appreciation and respect from each of the participants, and after all that work have the check bounce. That is a very quick way for a mediator’s reputation to be tarnished for quite some time.
Now the time frames we have given you are very conservative, and in most cases the check should be in your hands much sooner than the time we set out, at least you now have an idea about how these mediations normally work and the time factored into the payment process.
If you don’t receive your check within 90 days after the mediation ended you should be on the telephone to the mediator’s office demanding to know where your money is.
Learn more here: How Long to Get Your Settlement Check?
The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney.
Find a local attorney to give you a free case review here, or call 888-972-0892.
We wish you the best with your claim,
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My slip and fall injury case settled on March 3rd 2020.
It is now May 22 2020 and still no funds received. I’m being told that Medicaid is not responding. Medicare has already settled.
I’m thinking now that when my insurance case worker accepted a lesser amount than what she and I decided upon I should have balked. But, I had to borrow the $5k out of pocket to pay doctor fees because this doctor did not accept patients who are represented by an attorney.
I never thought friends and relatives would have to wait this long. The only answer I get from my attorney’s case worker is, Medicaid is not responding in a timely manner. How long do I have to wait?