Alternative Dispute Resolution
Nov. 4, 2006
Panel Rejects Attempt to Manipulate Mediation Confidentiality
FOCUS COLUMN - By Joel M. Grossman - Can strict application of the rules on mediation confidentiality undercut a settlement?
Focus Column
By Joel M. Grossman
Can strict application of the rules on mediation confidentiality undercut a settlement? This was the question faced by the 2nd District Court of Appeal in the recent case of Simmons v. Ghaderi, 2006 DJDAR 13065 (Sept. 27). The court held that an oral settlement agreement reached during a mediation may be enforced even though the defendant con...
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