Mediation Case Law Teaching Videos

Video

Enforcement

Publication Date

2006

Comments

Play time: 4:22 minutes

1. 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; 2. 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 3. [O]nce 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.

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