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Mediation Case Law Video: When Parties Settle Their Own Case

by James Coben
May 2013

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

James Coben
In Lee v. Lee, the appellate court considered what happens if an agreement is reached outside of the mediation room. Is it enforceable?

The appellate court in Lee v. Lee, 158 S.W.3d 612 (Tex. Ct. App. 2005) concluded that divorce settlement negotiated directly by the parties could not be considered an irrevocable mediated settlement because the parties reached agreement without the assistance of a mediator.

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.

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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