Title: Concerning Experience with Justice Nancy Becker (Ret.) as Mediator in 2018
Review:
In 2018, I used Advanced Resolution Management for a settlement mediation in Eighth Judicial District Court (Clark County, Nevada). My attorney arranged this mediation, telling me it was the best chance for a cash settlement. The mediator was retired Nevada Supreme Court Justice Nancy A. Becker.
What Happened:
1. Becker said "He isn't the defendant even though you brought this action" -- Incorrect; I had named the proper defendant
2. Becker said "You don't want to go through discovery" -- Factually wrong; we had completed discovery 3 months prior
3. Becker said "You don't want to go to trial" -- I had evidence to prevail at trial and had presented it to the court
4. Becker said "This is binding" before we began -- Mediation is NOT binding unless both parties agree to a settlement
5. Becker has no authority but acted like she did -- A neutral mediator cannot force a settlement. Acting as if they have authority is deliberately misleading and unethical
6. When I told Becker my brother stole $150,000 in assets, she said "I don't see it that way" -- Making determinations without hearing my side, showing no interest in what I had to say
7. Becker said "She (the judge) may give him more... I could be wrong. She's fair" -- Inappropriate speculation about judicial ruling
8. My attorney repeated "you don't want to go to trial" to bolster Becker's position, failing to defend my case (ineffective to point of negligence)
9. Due to stress/confusion from Becker's statements, I was unable to speak -- She showed no interest in hearing my side
My Concerns:
* Multiple factually incorrect statements
* Didn't review case materials or discovery documents
* Made determinations without hearing my side
* Acted as if she had authority when mediators have none (deliberately misleading)
* Speculated about judicial ruling (inappropriate for neutral mediator)
* Misrepresented mediation as "binding" creating false pressure
* Created stress/confusion that left me unable to speak
* Conduct could be construed as unethical
* Attorney failed to challenge mediator's statements
Advice for Future Litigants:
* Record everything for protection
* If nervous system is dysregulated or you can't speak due to shock, GET UP AND LEAVE
* You're under NO obligation to settle
* You can't be compelled to accept unfair settlement under duress
* Verify mediator reviewed case materials
* A mediator should NOT: act as if they have authority, speculate about judicial rulings, say mediation is "binding" before discussing case, make determinations without hearing your side, or show disinterest in your input
* Ensure attorney actively defends position
Note: Not making this claim for revenge. Sharing to ensure future litigants can make informed decisions and hold mediators accountable.
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