In Estate of Barber v. Guilford County Sheriff’s Department, (589 S.E.2d 433 (N.C. App. 2003), 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.
The appellate court further ruled that a trial court is without authority to sanction a party for violation of a mediated settlement, because sanctioning power only extends to violation of mediation rules themselves, such as attendance; and also ruled that once a defendant voluntarily dismisses claims with prejudice as part of a mediated settlement, the court is without power to enforce the settlement absent defendant’s motion to withdraw the voluntary dismissal or the bringing of a new court action based on breach of contract.
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.
Doug Noll discusses the future of litigated and non-litigated cases. See the full transcript below. My name is Doug Noll. I am a mediator from California, and I have...By Douglas Noll