Mediation Case Law Teaching Videos
In re Rains, 428 F.3d 893 (9th Cir. 2005)
Play time: 0:43 minutes
Concluding that bankruptcy court did not clearly err in finding a debtor mentally competent to enter into a mediated settlement, where witnesses to the day-long mediation testified that the debtor "participated actively and appeared to have full understanding of what was transpiring and of the terms of the 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 and his treating physician and psychologist opined that a person with his diagnosis would not have had mental capacity to conduct business affairs.
Abstract
This paper has been withdrawn.