Mediation Case Law Teaching Videos
Title
Brooks v. Lincoln National Life Ins. Co., No. 8:05CV118, 2006 WL 2487937 (D. Neb. Aug. 25, 2006)
Video
Sanctions
Publication Date
2007
Recommended Citation
Coben, James, "Brooks v. Lincoln National Life Ins. Co., No. 8:05CV118, 2006 WL 2487937 (D. Neb. Aug. 25, 2006)" (2007). Mediation Case Law Teaching Videos.
http://digitalcommons.hamline.edu/dri_mclvideo/2
COinS
Comments
Play time: 3:10 minutes
Affirming award of sanctions against plaintiff's counsel for violating obligation in mediation order to negotiate with objective good faith by: (1) indicating plaintiff would not respond to the defendants' initial offer and directing the mediator to tell defendants they had five minutes to put a serious settlement offer on the table or plaintiff was leaving; 2) indicating defendants' second offer or proposal was unacceptable and unworthy of response, (3) not allowing the mediator to explain the defendants' offers, (4) not engaging in dialogue with defendants' counsel to correct what Brooks's counsel perceived as deficiencies in the mediation process, and (5) unilaterally terminating or abandoning the mediation process.