Mediation

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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 appear and didn’t provide any advance notice that they were not going to do so. The other parties showed up, but decided not to proceed without the missing Defendants.

The Court observed that Rule 4…

Continue Reading Business Court Sanctions Defendants For Failing To Appear At Mediation

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 expense of the new mediation.

Full OpinionContinue Reading Mattress Now, Inc. v. Vickers, September 21, 2009 (Jolly)(unpublished)

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., where the trial court had sanctioned some of the plaintiffs for failing to appear at the mediation session and awarded the defendant its attorneys’ fees.  The Court of Appeals reversed the award of sanctions, but…

Continue Reading How To Get Properly Excused From Mediation, And Other Ways To Avoid Sanctions

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The unpublished Court of Appeals decision this week in Santoni v. Sundown Cove, LLC is a reminder to be careful that the Memorandum accurately sets out the terms of the deal.  That’s especially so if the settlement applies to only some of the defendants or potential defendants.

In Santoni, the plaintiffs had originally sued multiple…

Continue Reading Be Careful With The Memorandum Of Mediated Settlement

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 in summary judgment in our favor, or explaining to me why my client and I have missed the boat in evaluating the case.  Most mediators won’t do that, and dismiss the concept of informing the…

Continue Reading “Neutral Evaluation” Is One Of Several Alternatives To Mediation In North Carolina