Given that you received a check from the opposing counsel, is it possible that IS your settlement. I''d check with your attorney.Reserve your insulting comments. Avoid accusing opposing counsel of un- professional conduct. Sample Pre-‐Mediation Letter from Patrick Malone. Communicate with the opposing attorney in a documented format. You could file a motion for mediation and request the court order the parties to mediation. Or trial if the attorney has a conflicting setting, which information shall be verified upon request of opposing counsel or a Court. " and the petitioning party is referred to as Petitioner and the opposing party as Respondent. If you do, the letter will likely end up not past his clerk and not read.