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Even God cannot change the past.
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Mediation resulted in a tentative settlement agreement that needed approval of the city’s board of selectmen, but before the board acted the court ruled for the city on summary judgment, dismissing all claims. Plaintiffs sought to vacate the court’s order and enforce the settlement agreement, but the court concluded that the settlement was never finalized because the requirement of board approval had not been met and bad faith delay was not established. The court also rejected plaintiffs’ other arguments, including an assertion of excusable neglect by plaintiffs’ counsel in failing to inform the court of the settlement discussions, which the court agreed would have likely delayed its summary judgment ruling.
Bliss v. Fisher, No. 10-10252 (U.S.D.C. D. Mass., April 5, 2012)




An unsuccessful mediation between two brothers resulted in plaintiff filing a motion for sanctions against defendant for not mediating in good faith because defendant sought to resolve broader issues that would have required participation of a sister who was not a party in the litigation. A U.S. district court in Florida stated that it is up to the mediator to report bad faith mediation, not the parties. The court found that all participants required to be in mediation had been present, ignoring plaintiff’s assertion that defendant apparently sought to resolve additional issues that went beyond the litigation.
Kaplan v. Kaplan, No. 2:10-cv-00237 (U.S.D.C. M.D. Fla., March 30, 2012)

At the end of a nine-hour mediation of a workplace discrimination case, the parties and mediator signed a one-page “settlement in princip[le]” listing key terms and stating that a full settlement agreement would be signed within a week. Plaintiff later refused to sign a detailed 11-page agreement, claiming that no settlement had been reached and that she only signed the one-page agreement because she was told it was a confidentiality agreement. The trial court upheld the one-page agreement and required plaintiff to sign the longer agreement. A New Jersey appellate court agreed that the one-page agreement was enforceable, as it was clear that it covered more than confidentiality, so there was no need to pursue plaintiff’s assertion of fraudulent inducement. However, the appellate court rejected the trial court’s conclusion that plaintiff must then sign the 11-page agreement, as there was no review to ensure that it did not go beyond fleshing out the terms of the one-page settlement agreement.
Williamson v. Boehringer-Ingelheim Pharmaceuticals, Inc., No. A-6291-10T1 (N.J. App., March 12, 2012)

The Alternative Dispute Resolution Committee of the U.S. Court of Appeals for the Ninth Circuit is seeking to increase mediation in federal district and bankruptcy courts with heavy caseloads through a week-long “Resolution Roundup,” using mediation to clear backlogs. The U.S. District and Bankruptcy Court in Idaho is the first to participate in the program, with 35 judges, law professors and other mediation experts volunteering their time to convene and mediate dozens of cases during the first week of April.
(April 1, 2012); Press Release of U.S. District Court of Idaho (March 21, 2012)













