Mediation Case Law Teaching Videos

Catamount Slate Products, Inc. v. Sheldon, 845 A.2d 324 (Vt. 2003)

James Coben, Hamline University

Play time: 1:35 minutes

Reversing trial court and refusing to enforce alleged oral mediated settlement where intent of the parties to be bound was not established in light of: 1) an unsigned agreement to mediate discussed orally with the parties which expressly stated that mediation would not be "binding upon either party unless reduced to a final agreement of settlement"; 2) post-mediation letters implying that settlement was not final; and 3) evidence suggesting that material elements of a global settlement remained to be negotiated after conclusion of mediation.