This article was also published by the American Bar Association’s Section of Litigation, Alternative Dispute Resolution Committee. In Tirreno v. The Hartford, 2015 WL 8132972 (Conn.App. Dec. 15, 2015), the parties had agreed to resolve a dispute through binding mediation, by which they meant that the parties would first work with a jointly selected mediator to… Continue reading Court Rules That Binding Mediation Is Not The Same As Arbitration
Pinske v. Allstate Property and Casualty Ins. Co., ____ (Ill.App.1st 2015), has several very interesting components. First, the parties agreed to use an alternative dispute resolution mechanism often referred to as mediation/arbitration. The case was submitted to an individual for mediation, but if the mediation failed, that same individual would adjudicate the case in a… Continue reading Post-Judgment Interest On A Mediation Award?
In Holly v. UPS Supple Chain Solutions, Inc., 2015 WL 4776904 (W.D.Ken. 2015), the parties agreed to mediate a case before a federal magistrate. The court’s Settlement Conference Order stated that “each party must attend through a person who is fully authorized to approve a settlement and has the power to change the party’s settlement… Continue reading What Is Bad Faith In A Mediation?
In PNC Bank, N.A. v. Springboro Medical Arts (Ohio App. 2015), the parties concluded their mediation by signing a document that contained the “essential terms of the settlement.” The agreement further stated that counsel would later draft a settlement in “formal legal language” with such “additional documents” as were necessary. No formal document was drafted,… Continue reading Extrinsic Evidence to Interpret a Mediated Settlement Agreement?
In Billhartz v. Billhartz, 2015 IL App (5th) 130580-U, the parties ended a mediation by reaching an agreement, which was reflected in a written memorandum of understanding, but which they did not sign. The Illinois Appellate Court ruled that there was no enforceable settlement agreement, overturning a trial court ruling that attempted to enforce the… Continue reading Make Sure Your Mediation Ends With A Signed Document
Contracts are, with increasing frequency, requiring pre-dispute mediation before a complaint can be filed in arbitration or in court. In Hangartner v. Alexander, 2015 IL App (4th) 140272-U, the court was faced with the question of whether a trial court order requiring pre-dispute mediation was immediately appealable. It is well-established that orders granting or denying… Continue reading Is A Pre-Dispute Mediation Order Immediately Appealable?
Most mediation contracts include a confidentiality clause providing that all statements made and information exchanged during the mediation cannot be used for any purpose outside of the mediation. But what happens if someone violates that clause? This question was raised before the Federal Circuit in Higbie v. U.S., 2015 WL 152660 (Fed.Cir. 2015), when, after… Continue reading What Is the Remedy for Breaching a Mediation Confidentiality Clause?
In Friedlander v. Fifth Third Bank, Inc., 2014 WL 5313946 (E.D.Ky. 2014), the plaintiff brought a state court action against three defendants, only one of which was a citizen of the same state as the plaintiff. In a May 14 mediation, the plaintiff settled with two of the three defendants, including the one non-diverse defendant. This… Continue reading Can a Mediation Trigger the Time Limit for Removal to Federal Court?
This article was also published by the American Bar Association’s Section of Litigation, Alternative Dispute Resolution Committee. In Ogbuehi v. Comcast of California/Colorado/Florida/Oregon, 2014 WL 4961109 (E.D.Cal. Oct. 2, 2014), the Court was asked to grant preliminary approval of a class action settlement reached through mediation before class certification. Preliminary approval of a class action settlement… Continue reading Court Inquires Into Materials Exchanged During Mediation For Class Action Settlement Approval
Insurance carriers are generally an essential party to a mediation, but what if they resolutely deny any coverage? Booth v. Davis, No. 10-4010 (D.Kan. 2014), was a substantial legal malpractice lawsuit. One group of insurers agreed to attend a mediation session, but others refused based on their denials of coverage. Plaintiff asked to court to compel the… Continue reading Should Carriers Declining Coverage Attend A Mediation?