Mediation Case Law Video: Enforceable Mediation Agreement

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.

The appellate court noted that the memorandum agreement included Civil Mediation Act advisories and specifically noted the parties’ intent not to have their settlement be dependent on the subsequent, more comprehensive, settlement document.

Chesney v. Hypertension Diagnostics, Inc., A05-2210, 2006 WL 2256590 (Minn. App. Aug. 8, 2006)

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.

                        author

James Coben

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… MORE >

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