Sanctions were awarded by the Business Court in Red Ventures, LLC v. Modern Consumer, LLC, when two of the four Defendants didn’t show up for a mediated settlement conference.
The mediation had been scheduled by agreement, and all parties had received notice of the conference. Two of the Defendants, however, decided not to
The Court sanctioned a pro se party for failing to appear at a scheduled mediation. The sanction included (1) requiring the party to pay her share of the mediation she did not attend, (2) being compelled to attend another mediation to be scheduled at the mediator’s discretion, and (3) requiring her to pay the total
The North Carolina Court of Appeals ruled yesterday that a mediator doesn’t have the authority to excuse a party from attendance at a mediated settlement conference, in the absence of approval of either all the parties or of the Senior Resident Superior Court Judge.
The issue arose in Perry v. GRP Financial Services Corp.
A successful mediation session ends with a signed document reflecting the settlement, usually the AOC Form "Memorandum of Mediated Settlement," but is often accompanied by an agreement to draft a more comprehensive settlement agreement.
The unpublished Court of Appeals decision this week in Santoni v. Sundown Cove, LLC is a reminder to be careful that
Mediation often devolves into the mediator shuttling back and forth between two rooms, carrying alternating declining and increasing offers to the parties.
There are times during this ping ponging of offers when I wish the mediator was pushing harder on the other party to explain the absolute rightness of my client’s position, inevitably to result