News

News Update from Keith Seat's Mediation News for the 21st Century:
Initiating Litigation Isn't Refusing Mediation If Other Party Hasn't Sought It

A mediation provision in a real estate contract required a party who refused to mediate and then lost in litigation to pay the other party’s attorneys’ fees.  A federal appellate court, however, concluded that there must be a request for mediation before there could be a refusal; simply filing the litigation was not sufficient to prove a refusal to mediate.  Thus, since the defendant who prevailed in the litigation had not sought to mediate, the plaintiff had not refused and was not responsible for paying defendant’s attorneys’ fees. 

Thompson v. Cloud, Nos. 13-1120, 13-1121 (U.S.C.A. 1st Cir., August 20, 2014)

To the read the complete newsletter click here!

 
 

 

Events

Thank you all for coming to Chicago-it was with great seeing and meeting you!


SAVE THE DATE ! MEET US IN SAN FRANCISCO

2015 Spring Conference ~ May 7-9, 2015

BOOK NOW - Hotel Nikko San Francisco


 IAM-Kluwer inaugural Webinar



Watch it NOW

 

Powered by Affiniscape - Web Content and Association Membership Management