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?
Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.
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.
The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney.
Best of luck with your claim,
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