In this case, the chancery court held that post-mediation correspondence between the attorneys for the parties allegedly memorializing the terms of a verbal settlement reached in mediation constituted confidential mediation communications, not subject to disclosure. Partners Pharmacy Services v. Halbert, Docket No. C-72-09 (Chan. Div., Union County, April 16, 2012) The parties in this case [...]
Entries from April 2012
NJ Court Refuses To Enforce Mediated Settlement, Finding Post-Mediation Correspondence Memorializing The Agreement To Be Confidential
April 24th, 2012 · No Comments
Tags: Commercial Mediation · Enforcing Mediated Settlements · Mediation · New Cases
Appeals Court Enforces Mediated Settlement Agreement Drafted By The Mediator, Not The Parties’ Lawyers
April 18th, 2012 · No Comments
In Beim v. Sawyer (N.J. App. Div. A-2816-10T1, decided on February 29, 2012), defendant, in her 70s, filed for a divorce from plaintiff, in his 80s. After the complaint and answer were filed and discovery completed, the parties made repeated efforts to settle their dispute through multiple alternative dispute resolution events held over an extended period. They [...]
Tags: Divorce Mediation · Enforcing Mediated Settlements · Mediation
Never Conclude A Successful Mediation Without A Settlement Agreement Signed By the Parties
April 4th, 2012 · No Comments
In Williamson v. Boehringer-Ingelheim Pharmaceuticals (N.J. App. Div., March 12, 2012), the New Jersey appellate court advised mediating parties how to prevent successful post-mediation challenges to settlements reached in mediation. The court’s conclusion: don’t conclude the mediation without having the parties or their counsel draft and sign a document containing the essential terms of the [...]
Tags: Enforcing Mediated Settlements · Mediation · New Cases