Formal Complaint Regarding Mediator Lori Fazzoni's Conduct and Lack of Neutrality During Mediation…read more
I am submitting this complaint regarding my experience with mediator Lori Fazzoni during mediation in my divorce matter.
My concern is not simply that mediation failed to produce a settlement. My concern is the manner in which the mediation was conducted and whether both parties' financial positions, arguments, and proposed settlement terms received fair and neutral consideration.
Prior to mediation, I prepared and submitted a detailed settlement proposal addressing the division of property, retirement benefits, debt, custody issues, post-separation expenses, and other financial matters. During mediation, I did not feel my proposal received meaningful review or discussion.
Several issues caused me significant concern.
The mediator stated words to the effect of, "It's my show." I found this troubling in a process that I understood was supposed to remain neutral, balanced, and focused on helping both parties evaluate their respective positions.
My premarital property argument was an important issue in the case, yet I do not recall receiving meaningful discussion or analysis of that issue during mediation.
I also raised concerns regarding the other party's income, employment, bank activity, financial disclosures, and expenses. I did not feel those matters received the same level of scrutiny as my finances. A substantial amount of time appeared to focus on my banking activity, attorney fees, and financial history.
I was also concerned about the treatment of retirement and pension issues. These assets represent a significant portion of the marital estate. I expected meaningful discussion regarding their treatment, valuation, and possible role in settlement.
Another concern involved the exchange of mediation materials. I understood mediation summaries were expected three business days before mediation. Materials from the opposing side appeared to have been submitted later than that timeframe. I am concerned about whether both parties were held to the same procedural expectations.
During the process, I did not feel there was a balanced examination of each party's income, property claims, debts, financial contributions, or settlement positions. I left mediation believing my evidence and concerns had not received equal consideration.
I understand a mediator does not serve as an attorney for either party and does not decide the case. I also understand a mediator does not have to agree with my legal position. My complaint concerns the neutrality, balance, professionalism, and overall administration of the mediation process.
I am requesting that the appropriate authority review the mediation, including the mediator's conduct, the handling of the parties' submissions, whether each party received a fair opportunity to present their position, and whether the process complied with applicable mediation standards and procedures.
I am willing to provide supporting documents, mediation correspondence, settlement proposals, submission dates, emails, and other records relevant to this complaint.
I am requesting a written response explaining the complaint review process and what action, if any, will be taken regarding these concerns.