Mediation Case Law Teaching Videos

Estate of Barber v. Guilford County Sheriff's Department, 589 S.E.2d 433 (N.C. App. 2003)

James Coben, Hamline University

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.