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Mediation Case Law Video: Enforcing Old Agreements

by James Coben
May 2013

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

James Coben
In Buckley v. Shealy, the appellate court decided to not to enforce a mediated divorce settlement, when the agreement is over a decade old and was never submitted to the court.

Buckley v. Shealy, 635 S.E.2d 76 (S.C. 2006) affirmed the decision of the trail court to not enforce a mediated divorce settlement last seen at the mediator's office in 1997 (10 years old), where it is unclear what happened to the signed agreement, and the family court never entered a signed copy of the agreement in the record.

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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