Mediation Case Law Section


Case Law Videos


Mediation Case Law Video: Does Involvement of a Mediator Help Ensure Class Action Settlement?

James Coben

In Kakani v. Oracle Corp., the appellate court rejected the assertion that the involvement of a mediator helps to prove lack of collusion.

Mediation Case Law Video: Enforcing Oral Mediation Settlement Agreement

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.

Mediation Case Law Video: A Simple Mediator Mistake Leads to Big Problems

James Coben

In the case Catamount Slate Products v Sheldon, the appellate court reversed the trial court and refused to enforce an alleged oral mediated settlement where the intent of the parties to be bound was not established.

Mediation Case Law Video: Wrongful Death

James Coben

In Estate of Barber v. Guilford County Sheriff's Department,, the appellate court ruled that a plaintiff's obligation not to defame a wrongful death action defendant is not unenforceable as a prior restraint on speech, where record showed the mediated agreement was based on a knowing, voluntarily and intelligent waiver of constitutionally protected rights.

Mediation Case Law Video: Those All-Day Mediations -- Maybe We Should Reassess?

James Coben

In the case In re Rains, the appellate court concluded that the bankruptcy court did not clearly err in finding a debtor mentally competent to enter into a mediated settlement, notwithstanding that immediately following the conclusion of mediation the debtor drove himself to the hospital where he was admitted and diagnosed with a cerebral aneurysm and stroke.

Mediation Case Law Video: Divorce Agreement Complications

James Coben

In Guthrie v. Guthrie, the validity of a divorce agreement was called into question due to one party's state of mind at the signing. A complicating issue was husband's death during the proceedings.

Mediation Case Law Video: Enforceable Mediation Agreement

James Coben

In Chesney v. Hypertension Diagnostics, the appellate court affirmed the trial court's conclusion that a mediated memorandum agreement is binding and enforceable despite the parties' failure to complete a more comprehensive settlement document.

Mediation Case Law Video: Enforcing Old Agreements

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.

Mediation Case Law Video: When Parties Settle Their Own Case

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?

Mediation Case Law Video: Including Arbitration Provision

James Coben

In Fair v. Bakhtiari, , the appellate course reversed the trial court's refusal to enforce a mediated settlement and compel arbitration pursuant to its terms because inclusion of the arbitration provision in the settlement was "consistent solely with an intention on the part of the parties for the settlement terms document to be enforceable or binding," thereby making the settlement admissible based on a statutory exception to inadmissibility where an "agreement provides that it is enforceable or binding or words to that effect."

Mediation Case Law Video: Mediation Confidentiality

James Coben

In State v. Williams, the appellate court considered a difficult question of mediator confidentiality. Is a mediation a fully confidential space or can the information shared in mediation be later submitted in court?

Mediation Case Law Video: Authority to Settle

James Coben

In Fivecoat v. Publix Super Markets, Inc., the appellate court reversed the trial court's order enforcing mediated workers' compensation settlement, where the claimant's attorney did not have clear and unequivocal authority to settle on claimant's behalf.

Mediation Case Law Video: Handwritten Agreement

James Coben

In Heaven & Earth, Inc. v. Wyman Properties Limited Partnership, the appellate court enforced a handwritten mediated settlement of lease extension by night club against challenge that parties' failure to reach full agreement on limitations and notice requirements for sound checks was a missing essential element that precluded enforcement.

Mediate.com Inside: Mediation Case Law Revue, James Coben

James Coben

Mediation Case Law Revue with James Coben, Hamline University School of Law Dispute Resolution Institute Thanks to: Minnesota State Bar CLE