Common Sense Legal Tips for Natural Disasters
For those of you who live in Coastal States, we all know what June 1 signifies. That’s right. Hurricane Season. After living through 6 or more hurricanes (including a pretty strong Cat 3 storm), I truly appreciate the importance of preparing for the worst. However, as a kid growing up in Tornado Alley, I, also, understand that Natural Disasters can strike at a moment’s notice. Most of us don’t give a lot of thought to how we will deal with the rebuilding process if a natural disaster may hit. Whether it’s a flood, hurricane, tornado, forest fire, mood slide or earthquake, we should all be prepared for the possibility that we may need to move at a moment’s notice. With that being said, here a few common sense legal tips for Natural Disasters:
1) If you keep all of your money in your house, guess what happens when your house is destroyed? I know a lot of people who don’t trust banks. And if you have to get on the road quickly, you may not have access to an atm machine or a bank. There’s nothing wrong with keeping a few dollars handy but let’s be real. If you keep ALL of your money in your home, what are you going to do if you don’t have time to get it all? Keep your money in a bank or credit union so you have ability to access your money from a remote location if you need to do so.
2) First time, shame on them. Second time, shame on you. If you’ve been through a natural disaster in your area and survived, consider yourself blessed. However, if you learn nothing from that previous experience, you can’t be mad if you didn’t make the necessary preparation for a second time. Pay close attention to the things that you didn’t do the first time around to ensure that you have the necessary preparations.
3) Keep sensitive documents in a place where someone can get to them. If you have a will or life insurance policy or some other document, you may want to create a duplicate so that someone else can access it if they need it. Think about it. If your home is destroyed and you only have one copy of your document, reconstructing it may be an issue.
4) Create a grab bag. Take a Ziploc bag (a big one) and put every sensitive you may need in the bad. Birth certificates, marriage licenses, insurance policies, mortgages, wills. Keep this bag in a location where you can ‘grab it’ and run. If you have to leave on a moment’s notice, you won’t have time to run all over the place looking for documents.
5) Tell someone that it is about to GO DOWN!!! You should always keep family and friends informed of the natural disasters that are in your area. Most disasters come with no warning so that if your loved ones realize that you are in that area, your phone will probably start blowing up. For Hurricanes, you usually have enough time to move but you still want SOMEONE to know that you are about to be mobile so they will know about your whereabouts.
6) Three numbers you should always carry: Your family / friends, your insurance, and your state attorney general. Now, Family should be self explanatory. You should contact your insurance company as soon as possible to let them know that you may have a claim. Now, some of you may be looking crazy because I said “your state attorney general”. Recognize this, in a time of crisis, people look for opportunity in the midst of misery. That’s usually when you see price gouging and people trying to take advantage. Most state attorney generals are ready for those people who are trying to run dirty. They won’t know unless you tell them.
7) Check your policies. Make sure you contact your insurance carrier to get an idea of what your policy covers. The last thing you want is to put a claim forward and realize that you are not covered.
Inventory your effects. Wooooooo, I know I set you back on this one. You probably think that you know everything in your house. Well, start writing a list and you will quickly realize that you have more things than you think.
9) Use the resources. Emergency Response teams in most cities and counties are prepared to provide you the support you need to prepare for a disaster and rebuild after a disaster.
10) Be safe / Be smart.
Some of the things that I’ve shared with you may seem very generic. However, after having to relocate after two hurricanes, I realized that most of us are ill prepared to handle a natural disaster when it comes. Even more disturbing is that most of us don’t realize how difficult it is to start over when you are attempting to reconstruct your life. Prepare now so that you are ready for when the worst comes.
Sometimes you can’t prevent something from happening
In accordance with the online free dictionary, Moot refers to a subject for academic argument. It is an abstract question that does not arise from existing facts or rights. In accordance with the online free dictionary, RIPE, in Constitutional law, referring to a law case appealed from a state or federal court which is ready for consideration by the Supreme Court, meaning that all other avenues for determining the case have been exhausted, there is a real controversy, and the law needs to be settled on one or more issues raised by the case.
Now, some of you who are used to reading my blogs probably are wondering “Why in the hell is he leading off with legal definitions??”.
Quite simply put, sometimes, there is NO case YET in order for an attorney to get involved. So, I hate to be the bearer of bad news but unfortunately, in some instances, you just can’t prevent something from happening.
I can’t tell you how many times I have had people who have approached me about resolving a situation that MIGHT happen. Now, don’t get me wrong. There are plenty of times when situations arise that dictate that an attorney may be necessary. However, sometimes, you have to look at your situation and ask yourself “Has anything happened YET that warrants the need for an attorney?”.
For instance, let’s say you are working at a job and you filed a harassment complaint against your employer. If the harassment continues, getting an attorney involved is helpful if you decide to quit. However, if the harassment stops but you THINK you MIGHT get fired, calling an attorney does NOTHING because NOTHING has happened.
Another example, let’s say you’re on disability benefits but you are thinking about going back to work. If your benefits haven’t been cut off yet, then why would you need an attorney?? If your benefits haven’t been THREATENED to be cut off, then why would you need an attorney? If you haven’t even gone back to work and your benefits haven’t been cut off, why would you need an attorney??
Now, don’t get me wrong. Going to an attorney to determine if you have a case or a potential case is definitely a smart move. You don’t want to lose your rights as a result of a bad situation that you are not sure is actually a case. However, you have to accept the fact that you may have some situations that don’t warrant any legal action because nothing illegal has happened or your rights may have NOT been violated yet.
I know that in these times, we want to be careful. We want to keep our eye out for anyone who may be trying to take advantage of us. However, you have to recognize that some times, the facts of your situation don’t necessitate the need to take any legal action yet!! I know you are probably saying, “so i gotta wait for something to happen before I can do something?”. In some situations, yes. Think about it. How are going to legally stop someone from firing you if you have NO idea that they are ACTUALLY going to fire you??
Be smart! Be cautious! Be informed! But most importantly, be aware that you may have no legal rights yet to be enforced.
Be careful when YOU are NOT the client
I know it’s your loved one. They look up to you. They trust you. They rely on you. SO when the time comes to seek legal counsel, they turn to you to recommend someone. They turn to you to be there with them when they go through the legal process. Unfortunately, some people (let’s call them 3d parties) don’t really appreciate the fact that they are NOT the client.
When you find yourself in the position of being a 3d party, you gotta keep in mind that you don’t have the same priviledges, rights, and expectations as a client. You aren’t going to get the same level of deference. So before you decide to swell up and call the attorney’s office going OFF, here’s a few things you need to think about if you’re a 3d party:
1) The CLIENT must give you access. Contrary to popular belief, just because you came with the client to an appointment does NOT guarantee automatic access to information. It is important to understand that the client has to give you permission.
2) A 3d party may break privilege. The power behind attorney / client privilege is based on the ability for the client and attorney to confer WITHOUT worrying about that information being obtained by outside sources. However, if you as a 3d party, are there, you risk the possibility of that communication not being privileged because of another person being there.
3) The CLIENT is the final decision maker. I know you believe that you know what’s best for your friend but in the end, the client is the person who must make the decision regarding their case.
I know you love your friends or your family. However, when they go to hire an attorney, this decision may have a significant outcome on their life. It is important that as a 3d party, you can help your loved one most by being there for them and on not trying to impede the process.
When should I apply for Social Security Disability
I am sure that you can find hundreds of websites and blogs that will provide you a similar question. If you’re looking for a quick answer, unfortunately, I can’t give it.
Here’s the short answer to your question:
When should I apply for Social Security Disability? IT DEPENDS!
Sorry, I can’t give you a straight answer because every one is a little different. However, I can give you some things to contemplate when making the decision.
1) Don’t base your WORK decision on how soon you can get Social Security Disability. Most people don’t want to have their financial life disrupted. As a result, they keep pushing forward with working because they don’t know how long it’s going to take to get Social Security Disability benefits. I hate to be the bearer of bad news but you are probably NOT going to be able to quickly transition from working to receiving Social Security Disability benefits.
2) Don’t base your FINANCIAL decision on how soon you can get Social Security Disability. Listen, depending on where you are and the strength of your case, you may be looking at 2 months to 2 1/2 years from the time you apply to the time you get benefits. If you’re lucky enough to have savings, stocks, and mutual funds that you can live off while you wait, don’t bank on trying to get benefits before the funds run out.
3) If you can do something else, keep that in mind. Now, if you’ve spent the last 30 years working in construction, or mines, or heavy labored work, you may be in unique position to demonstrate that you are worn out from doing all that hard labor. HOWEVER, just because you can’t do what you’re used to doing, this doesn’t mean that you are automatically going to get disability. Social Security Administration wants to know if you can do your job or anything else.
4) If decide to do a part-time job, Social Security will consider it. Most people who are waiting for Social Security Disability are really concerned because they have NO money coming into the household. As a result, they are curious about working a part-time job while they wait. Keep in mind, any monies made during this time will be considered and, in some instances, may hurt your case.
5) If you’re SLICK with trying to supplement your income, you are probably going to get caught! Most people know that any earnings are reported to Social Security Administration. However, some people fail to acknowledge that the Social Security Administration is still a part of the FEDERAL GOVERNMENT so they are kept aware of various things. So as a result, be careful if you decide to “work under the table”, serve as a consultant, or serve as a corporate executive (even though you don’t do anything). If you are getting money for something you are doing or representing, Social Security Administration is probably going to find out.
6) It doesn’t matter if someone ELSE found you disabled. Listen, if you’re getting state disability or Long Term / Short Term Disability or Workers Compensation or VA disability, that’s great. These programs are helpful and can provide some awesome info for the SSA Disability program but do not think that receiving these disability benefits will automatically entitle you to Social Security Disability.
I know it’s tough to determine at what point you should apply. It’s hard because making this decision is recognizing that you are making a tough financial decision which can affect your household. Just remember that you must look at the big picture to totally appreciate at what point you should make that move towards applying for benefits and how making that move will affect you.
Protect yourself when you are renting a home
Right now, the market seems pretty good for buying a home or even renting a home. However, you gotta be careful because in this day and age, you may yourself in a “FUNKY FLY” position.
Here’s a few things that you need to keep in mind if you’re thinking about renting a home:
1) A RENTAL home is NOT your dream home. Sometimes, when people are looking for a rental home, they find a piece of property that is so great that they forget that it is still a RENTAL HOME! In other words, don’t abandon your common sense and take the first home you find just because it looks good. Make sure you conduct yourself as if you’re going to rent an apartment.
2) WHO owns the home?? There is a new craze of fraud going on around here and it is NOT sexy! Imagine paying rent to someone and finding out later that they didn’t own the home. Now, you are in a JAMMING situation because you may not have any legal recourse against the TRUE home owner and the FALSE home owner may be no where to be found. So how you can find out before you get your feelings hurt? One suggestion is to contact the county’s property appraiser’s office or county tax collector’s office. If you have the addresess for the location, they can tell you who owns it. This way, if you don’t like what you hear, you can run.
3) Consider a realty company. Anytime, you risk renting DIRECTLY from the homeowner, you risk the possibility of things getting funky. Alot of homeowners utilize 3d party realtors to act as an intermediary. You would be surprised at how easy life may be when dealing with a company that handles properties.
Now, you’ve rented your place. Everything is EVERYTHING and you are rolling. You have a wife or a husband and some kids. You pay your rent on time and you got great credit. All of sudden, you get a note on your door from the County Sheriff telling you that you 72 hours to get the hell out! SAY WHAT?????!!!!
I hope it is not this drastic but recognize that it can funky, quick fast and in a hurry.
However, here’s how it may play out. For whatever reason, your landlord is in financial disarray and all of sudden, the landlord is in foreclosure. It’s not sexy but here’s some things you need to consider:
1) Check your lease. The moment you get wind that the property you are staying in is now in foreclosure, check your lease to determine if this constitutes a breach of contract. Remember, your lease is the contract between you and the landlord that says that YOU have certain requirements and the landlord has certain requirements. If you’re not sure, contact an attorney in your area.
2) Speak to your landlord. Reach out to your landlord to determine what’s going on. Let’s be real. Depending on your landlord, they may not be TOTALLY truthful with you but you at least have an idea of what’s going on.
3) Do you have TENANT’s right? Every state is a little different so check the laws of your state to determine if you have any rights as they relate to what you can do in this situation.
4) File a notice as an interested party. If you can find out more information about the court proceedings, you may be able to file a notice as an interested 3d party. This way, you may receive some notification regarding the proceedings so this way you will know what’s going on.
5) To sue or not to sue? This question REALLY requires a heart to heart discussion with your significant other with some potential guidance from a lawyer. The simple fact is, you may have a cause of action to sue the landlord for their breach in order to get your deposit and first and last month’s rent. However, the landlord is in foreclosure so they may not have very much assets to get anyway.
6) Be prepared to move! I’m not encouraging people to take off as soon as you get the word that your rental property is in foreclosure. However, remember, the new owner (if there is one) may not necessarily owe you any obligations regarding continuing your lease so you should be prepared.
7) If you get the note on your door, get READY! If for some reason you find yourslef in a position where you get the 72 hour or 48 hour notice, you gotta move RIGHT THEN!! However, if you need more time, look at the notice to see who is the filing party because you may be able to contact them in order to buy more time if you were completely caught off guard.
These times are tough and they get tougher if you find yourself in a really tough situation due to the financial hardship of someone else. In other words, the last thing you want is a situation where you are forced to have to leave your home because someone hasn’t be paying their bills. However, be smart and be proactive the moment you realize that your rental property may be in jeopardy.
Don’t KILL your case!
The legal process is a frustrating beast and let me be the first to tell you, the BEAST always wins! Now, I am not saying that the BEAST will beat you but what I am saying is that most people get so upset with the waiting, the red tape, and all of the little steps you have to take in order to get from point A to Point B that they sometimes do things in order to fight the BEAST.
If you’ve hired an attorney, your attorney is trained to fight for you as well as deal with this BEAST that is known as the LEGAL process. Unfortunately, too many times, people will do things that may potentially HURT (or even KILL) their case:
1) Talking to witnesses on your own. Depending on the situation, you really should let your attorneys talk to potential witnesses. Why? One, attorneys tend to fully document the context of the conversation. Two, attorneys tend to have specific, well crafted questions that they ask which will give them an idea of whether the witness’s information is helpful or harmful. Three, what you tell your witnesses may eventually come back to bite you in court. You don’t know how someone will convey what you said to them.
2) Sending in your own evidence. So you found something that you think is useful, that’s great. Make sure you let your attorney see it first. Most attorneys are aware of discovery requirements but if you decide to give the other side some information that you didn’t necessarily have to give and it’s damming to you……….do I need to go further??
3) Taking steps without consulting your attorney. If you are going to do what you want to do, then you probably don’t need an attorney. Most attorneys work to carefully lay out a plan of attack to deal with any issues or problems that may arise and if you decide that you are going to do things that undermine that, the attorney can’t help you.
4) Responding to the court or the other side on your own. If you get documents from the court or the other side, unless you don’t have an attorney, please be careful not to respond. So much time, we think that if respond to someone right away, it will help our case.
5) following the advice of someone who is NOT your attorney. I had a friend of mine who is an attorney tell me that she has to tell her client’s all the time “I didn’t know they gave out law degrees at the gas station?”. The reason she says this is because so many times, her clients will come to her FIRED up because someone who is NOT an attorney will tell her client something and then come to her HOT! Becareful about following the road of some person who THINKS they know what’s going on when in reality, they don’t.
Like I said, the legal process is a BEAST but don’t add to the problem by giving the BEAST food to eat. The process is tough but it can be tougher if you do things to make it worse.
Should I apply for Social Security Disability if I am still working?
This question actually comes to me alot and it is a tricky question that really doesn’t warrant a “YES” or “NO” response. Since I’m an attorney, I gotta give you the text book response of “IT DEPENDS”.
Here’s how the scenario usually plays out. You find yourself in a position where you are working a job but you are struggling because of your medical condition. So you start to consider what would happen if you apply for Social Security benefits. You go and talk to your doctor and your doctor encourages you to apply for benefits. Here’s where the story begins. What do you do now? You are still struggling with your job but you need the money. You want to apply but you don’t know if you can wait. So what do you do and how should you proceed?:
1) Question 1, Are you still working? This question is usually the FIRST thing Social Security will asking because the First inquiry into the Social Security process is ‘Are you performing Substantial Gainful Activity?’. Now, Substantial Gainful Activity (or SGA) is normally based on the amount of money you earn. Social Security using a variety of different to determine SGA but let’s say that you (as a non blind individual) was making about $1100 a month. Now, I know you are saying “No one can live on that” but that’s not relevant to the disability process. In accordance with the Social Security guidelines, for 2009, anything over $980 is considered SGA. In other words, you may make too much money unless you can show that you are working under special circumstances.
2) Question 2, Are you working under special circumstances? You now have to ask yourself the question “how are you coping to your working situation?”. How many days are you missing from work? Is your boss cutting you some slack or some leeway? Do you have someone helping you? Are you getting paid even if you’re not working?
3) Question 3, are you out of work for 12 months or more? Part of the regulations requires you to determine if your condition keeps you out of work for 12 months or more OR can reasonably expect to keep you out of work for 12 months or more. Remember, your medical condition has to be the basis for your inability to work at SGA level.
4) Question 4, is your MEDICAL CONDITION keeping you from working? Sometimes, I have had people tell me “Oh, I’ll just quick or reduce my hours in order to get under the SGA level”. AAAAAAAAAA!! WRONG ANSWER!! If you are merely lowering your hours to get under the level BUT you can still WORK at the level you were before, SSA is probably going to assume that you can work at that level. The question is “Has your medical condition caused you to reduce your work load”.
The toughest part of this analysis is when people ask if they should stop working. I can’t tell you that but you do need to be aware of a few things:
1) If you decide to stop working, be prepared to wait. The Social Security process is long and tends to take a while so please don’t think that once you apply, you will see results right away.
2) Be prepared to explain your work. If you stop working and apply right away, SSA is going to want to know what happened that caused you to stop working.
3) IF you decide to go back to work while the case is pending, it MAY have an effect on your case. How much of an effect? You can’t really tell. It depends on the circumstances of the work. If you go back and try for a few days or weeks, the work may be considered an Unsuccessful Work Attempt. However, without more information, it is difficult to tell.
The Social Security Disability process is not easy and alot of good people find themselves trying to decide what steps to take when they are unable to work at they normally do. Evaluate all of your circumstances and, if you have any questions, ask.
Timing may not be enough
When you are terminated from your job or experienced some form of adverse employment action (whether it be demotion, disciplinary action, or hostile work place), you may take at the possibility that these actions may be in response to something else.
In other words, if you have done something you were legally permitted to do or you are a member of a protected class (i.e. race, sex, age, etc.), you may consider the possibility that you were retaliated against by your employer.
However, retaliation is sometimes very tough to prove. The first portions of the analysis may be easy. Part 1 may require you to demonstrate that that you were conducting an activity that was legally protected (like participating in an investigation or refusing to do something illegal). Part 2 may require you to demonstrate some adverse employment action (like getting demoted or fired). Those two parts are usually the easiest. The hardest part is the last part where you must demonstrate that there is a causal link between the two. Now, after you’ve laid out your theory, the employer has the chance to come back and say “Hey, I had a legitimate reason for doing what I did”. Then, the ball is back in your court. You have to prove that the employers actions were pre-textual. In other words, you gotta show that the adverse employment action was done in an attempt to retaliate against you for your actions.
One thing that courts may take into consideration is timing. In other words, courts will look at when you did something and how soon after the action did the adverse employment action occurred. Alot of times, people get pumped up because they think that if something bad happens within a short period of time, this information will solidify their case and slam dunk the employer.
However, you gotta keep a few things in mind when looking at timing:
1) The longer the time, the tougher the case. The longer the time period elapses between the protected activity and the adverse employment action, the more difficult it is to prove a causal link. In other words, if you complain of sexual harassment in 2002 but nothing happens to you until you get fired in 2007, you are going to have a tough road to prove the complaint is tied to the firing.
2) You better keep clean. If you were a problem child before and the employer documented this before and they continue to document that you are a problem child, you may have a hard time distinguishing between the employer’s retaliation and the employer merely documenting your behavior.
3) No magical time. Always remember that timing is added factor that courts can consider. however, timing is not enough by itself to automatically slap culpability to the employer. it can be extremely persuasive but it is NOT an automatic win.
It’s important that you take the opportunity to talk to your attorney before moving forward so that you can get a true appreciation of how ‘timing’ may play a role in your case. You don’t want make too much out of your situation if there is really nothing there.
If you need help, don’t have an attitude
I am always amazed how people who feel that they have some sense of entitlement or feel that they have a strong case or feel that you have DUTY and RESPONSIBILITY to help them tend to communicate these feelings in an aggressive manner.
In other words, I’m always amazed by people who are asking for help will get an ‘attitude’ when you don’t jump up and pay attention.
I know these words may seem over simplified and PLEASE don’t think that I am trying to insult ANYONE’s intelligence. However, you have to keep things in their proper perspective. When you are trying to ask someone to help you with a matter or situation that needs to be resolved, the last thing you want to do is walk into their office or their space and ACT like they need to ‘buck up and step right’!
Some of you may still be confused about what I am talking when I’m saying these things. Let me take it a step further. Anytime you are dealing with people who are providing professional services, you have to remember that they are professionals and they are offering to provide a service.
Remember, this is just an OFFER! They don’t HAVE to serve you. It really doesn’t help your situation or your case to walk around with your lip poked out or your chest poked out think that you are entitled to receive a certain amount of treatment or service just because YOU demand it.
Now, don’t get all bent of shape. I’m not saying that if you have a great case that you should be humble or that you should be shy. What I am saying is that you gotta be careful going into a meeting or discussion with a professional (like a doctor, mechanic, or attorney) and have this chip on your shoulder.
And for those of you who still may not understand why some professionals may not like to deal with an attitude, here are a few other things to consider:
1) If you got attitude now and you are ASKING for help, what makes you think you want have MORE attitude later. Think about it. Here you are asking for help and you got ALLLLLL kind of mouth! When you step to someone like that, there is no reason to believe it won’t get worse.
2) Life is filled with stress already so why should YOU add to it? I work with people all the time who are devastated by their financial situation. So I understand how stressful life can be. In all instances, I reiterate to people that I am THERE for them so they understand that I am a part of the solution and not the problem. However, some professionals have a lot of stress to deal with it and if YOU are going to add to that stress, then why should they bother?
3) You MIGHT be a NIGHTMARE! Sometimes, when you complain a lot or have an attitude about everything, this sends a HUGE message to the professional that you may have some unrealistic expectations about what you expect to have happen. As a result, this may be a problem because if you have it in your mind of what YOU expect to have happen (despite what is being told to you), you may make things more difficult for those who are trying to help you.
4) Just because I have a suit on doesn’t mean I am SOFT! Sometimes, we get into these positions where we believe that individuals who provide us services are weak. As a result, we feel the need to exert our influence on them to let them know that we will not be denied. However, don’t EVER think in your mind that just because someone is polite and articulate and has a suit that they can’t get JIGGY!! I knew an attorney who cussed someone out who was repeatedly rude to her despite her best efforts. After several visits, she clicked and he learned very fast that she was much more aggressive than he thought she was.
Now, I am not going to sit around here and act like I have never had an attitude about something. I have walked around with the hoochie and gotten live with people on more occasions than I probably should have. However, after almost 8 years of practicing law, I realize that you really get more out of people when you are kind as opposed to kinding being rude. Remember, if you don’t want anyone coming at you with attitude, what makes you think that they want attitude?
Should I represent myself at a mediation?
In most court cases, the parties are usually given the opportunity to resolve their case through the use of mediation. Mediation is a process by which opposing parties are given the opportunity to possibly work out their differences through the use of an impartial, objective mediator. The mediator’s job is to facilitate discussions between the parties with the hope that the opposing sides may reach some type of agreement.
Sometimes, people (who are representing themselves without an attorney) find themselves a little confused about what happens in the course of a mediation and what they do. Here are a few things to consider which may assist you with the mediation process:
1) The mediator is not YOUR lawyer or THEIR lawyer! The mediator’s role is to be objective and impartial. The mediator is not only there to assist you is recognizing the strengths and weaknesses of your case but also assist the other side in recognizing the strengths and weaknesses of THEIR case. The mediator is to, hopefully, help both sides reach an agreement.
2) The mediator is NOT there to educate you about the law. The mediator can educate you about the mediation process but they can’t educate you about the law. If you decide that you are going to represent yourself without an attorney, the responsibility is on you to become knowledgeable about the law and how it affects your case.
3) Depending on the mediation, you may be able to walk away. You are not obligated to HAVE to agree at the mediation. At some point, you may realize that you are not comfortable with the terms of the agreement. In this case, you may determine that you wish to walk away and continue with the litigation process.
4) If you DON’T feel comfortable, get an attorney. Listen, at some point, if you feel that you are a bit overwhelmed, take it upon yourself to seek counsel. You don’t want to lose your rights or lose something you’re entitled to because you are fumbling through a process that you don’t understand.
The mediation process in most circumstances are designed to be user friendly. It is important to take it upon yourself to be as familiar with the process so you can get the best results.