Mediation Case Law Video: Enforcing Oral Mediation Settlement Agreement


by James Coben

This video is part of a series of instructional Mediation Case Law Videos.

May 2013

James Coben In the case Ledbetter v Ledbetter, the appellate court considered the issue of whether parties to a divorce mediation should be bound to a settlement orally dictated by the mediator and affirmed by parties and their counsel at mediation, which was later repudiated by one of the parties.

Ledbetter v. Ledbetter, 163 S.W.3d 681 (Tenn. 2005) (refusing to enforce divorce settlement orally dictated by mediator and affirmed by parties and their counsel at mediation, which was later repudiated by one of the parties and never reduced to writing and presented to the court for approval).

For the past decade, as part of the annual Minnesota State Bar Association ADR Institute, Hamline Professor James Coben has been producing short videos illustrating mediation litigation. Mediate.com is proud to now assist in the further distribution of these exceptional teaching and learning resources.

This enactment may portray "less than optimal" mediator performance. Rest assured that you are not at risk by hiring any of the ADR Institute Players as neutrals (or lawyers), despite what you see on the tape. The videos are fictional reenactments of the mediations underlying the published litigated cases.

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Biography




Professor James Coben, a senior fellow in Hamline's Dispute Resolution Institute ("DRI") which he directed from 2000-2009, teaches civil procedure, dispute resolution practices, mediation, and negotiation. He also pioneered a variety of innovative ADR clinical opportunities for law students, including mediation advocacy on behalf of clients in family law and employment cases. More recently, he has focused his energies on development of international ADR educational opportunities.

Professor Coben created the Mediation Case Law Project - a systematic attempt to catalogue litigation trends about mediation, as well as produce and distribute innovative teaching videos, and other resources to ADR academics, practitioners, and trainers.



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Website: law.hamline.edu/james-coben.html

Additional articles by James Coben



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