In the next few installments here I will describe to you the conduct of the "mediator" appointed by the Department of Justice, and how I spent nearly $9,000 of my own money to force these idiots into the farce that is the "mediation" process. This process is designed to slow down the processing of complaints as a crutch for the Department of Justice, a means by which staff at the Department of Justice can funnel funds to their cronies and friends whom they "designate" as mediators.
This a fictional representation of how one might be expected to be treated during the Department of Justice's "mediation" process; though the gist of the story is a sad, but all too real, event in which the Department of Justice, it's appointed mediator, my attorneys and a certain high-profile Dallas attorney conducted himself during mediation.
Imagine if you will . . .
You and your attorneys arrive on time. Each in separate cars and each paying the $20 parking fee to park in the respondent's attorney's parking garage. All three of which are paid by you.
You arrive by elevator, many stories high, in the plush and well-appointed offices of the respondent's attorney's offices. Where you wait, for over 30 minutes at about
$350 per hour of your attorneys' fees. This is to prepare you for paying even more during the actual mediation, and achieving just about the same results.
You are called into the conference room by the Department of Justice's "mediator" who seems, for the moment, to be disposed to be even-handed in his efforts.
You spend about 30 minutes of your attorneys' billable hours while the "mediator" drones on about the importance of participating in this mediation process in "good faith." And, then you all agree to sign a non-disclosure agreement wherein you agree "in good faith" not to disclose any of the details of the "mediation" process about to begin. Believe me folks - this is where the Department of Justice screws you over for having had the effrontery of having filed a complaint with them and expecting them to actually accomplish something for your tax-dollars which pay them. You are screwed from the start. You should never be here. You should pass "GO" in the mediation process, refuse mediation and demand a full investigation by the DOJ and not waste your money on attorneys. Everyone in this process makes money or otherwise benefits than you. I repeat, if you have reached this point, you have been screwed.
By this time you have already expended several thousands of dollars in consultations with your attorneys, their research, their unending communications back and forth with all parties involved, and their having prepared, filed, revised and refiled all of your legal motions, in triplicate expense, and providing them with proof (courier fees, certified mail, etc.) to ensure that everyone and their pet goat knows what and when you are complaining hereof.
However, the "mediator" insists that you as the complainant state your complaint again to the respondent and attorney only to find that the respondent's attorney refuses to say anything about the "mummy" next to him who supposedly represents his client. That's right folks. Other than her name you get nothing. He refuses to say what her position within her organization is, what she does for the organization, what her authorization to proceed in the mediation proceeding is. In fact, she is a body occupying a chair with a name on a business card and that is absolutely it. Nothing more.
When pressed on the matter the respondent's attorney responds, exclusively and without any further elaboration, that they are at mediation "to listen, but will not answer questions or make any statements in response."
That is it folks. Yep. Bring down the curtain.
The mediator will ring his hands at this lack of "acting in good faith" and then call his supervisor and his contacts at the Department of Justice and everyone will take a break of 30 minutes of your attorneys' time at $350 an hour.
Then the respondent's attorney and his "mummy" company representative will refuse to return to the conference room and the "mediator" will announce there is nothing further he can do and ask if you would like to move on to the process of requesting a formal investigation by the DOJ. You have just come full circle to where you should have never got on this merry-go-round of legal bureaucracy in the first place. Except you are out several thousand dollars, the DOJ is relieved that they have filled the pockets of a supposedly independent "mediation" service staffed by former DOJ employees, your attorneys have made a lot of money sitting on their butts and accomplishing nothing, the respondent can say they "participated" in mediation and you can write a check to pay for the whole "you stroke me and I will stroke you" legal process and then file a request for a formal investigation by the Department of Justice, which should have been your first choice.
The Department of Justice's "mediation" process is a meaningless trough from which former DOJ employees feed, make a lot of money for very little product and then walk away into the sunset all the while knowing you, the complainant, the person injured, got screwed before you got to mediation, got screwed in mediation, and will get screwed in the future if the DOJ has anything to say about it.
I got an offer to settle and agree not to sue the respondent in the amount of $1,000. I refused so that I could tell you here, now, in writing not to participate in the DOJ "mediation" process at all. Demand a formal investigation of your complaint from the very beginning.
Read the full portion of my blog and the emails from the Department of Justice threatening me if you have any doubts.
