Hi Member's,
My friend has asked me to pass the below to me to your learned persons so i can help, below is was has been asked:
"I went to mediation yesterday and the other party would not during ADR, would not engage with fairness (even though we had dropped from our initial stance from 2/3'rds = 400,000 as the estate was well over 600,000).
However, following the mediator asking our starting position, after the mediators discussion with the other party was asking us to pay -48,000.
In doing such starting point at a lower stance of 150,000. Due to the other parties knowing we held limited 'if none', to go to trial the other party held funds of well over has over 1 million.
Untimely, I was placed under undue pressure near the end to 35,000 to accept (and this with no costs from what we had spent to this point of over 48,000 pre-paid to our solicitors to get the stage of mediation). Hence we had to accept 'at a loss' the aforesaid 35,000 or Trial.
This being mindful due to my financial I was placed under severe undue pressure to agree to the loss sum and still talking the costs so far on my chin.
Therefore, I was still placed at further financial of solicitor fees of -13,000.
Therefore, the smaller loss as further litigation costs if I proceeded to trail ass Litigant in Person at trial.
So the mediation was a farce and I was placed under pressure to sign a Tomlin Order to complete the mediation at a minus figure.
Therefore, as only I signed this and leaving our solicitors the other apposing solicitors and the apposing person yet to sign.
The Tomlin Order made drafted up by the opposing party full of errors (yes our solicitors did have raise such due to the apposing party who clearly did not know who a Tomlin Order, which then costs us due to 2 1/2 hours, when our solicitors side it would taken him only 30 minutes).
So the 35,000, due to this waste of time will now 2,500 = 32,500 (loss of 15,500) of further costs due to the opposing party's complete lack of incompetence a further loss to re-pay our solicitors.
I am not happy a few hours after signing the aforesaid Drafted Order within a few hours (please note at leaving the mediation only my signature was still holding my signature).
I asked my solicitor can this be revoked, as I am not happy with the opposing parties greed and clearly holding 'upper hand' financial better to win OR lose, as this would not damage a millionaire bank balance.
Therefore, can this Tomlin Order for this message help and confirm if such can be revoked, due to the few hours passed?
If this can be revoked as this would be highly appreciated."
Thank you, in advance to your replies, in advance and kind regards to all who reply to help my friend.
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Legal matters
Wills - Mediation and Draft Tomlin Order (to to revoke the sum within order as it was placed with undue pressure)
3 replies
LitagantInPerson1210 · 18/03/2017 18:58
OP posts:
EyeStye ·
20/03/2017 22:17
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