MSC: Lawyer’s Remarks Before Mediation Are ‘Confidential Communications’
An attorney’s alleged defamatory statements to another lawyer while waiting for a court-ordered mediation conference to begin were confidential mediation communications.
Mediator Didn’t Ask About Domestic Violence: Is Divorce Settlement Negated?
A Michigan trial court has been instructed to scrutinize whether a divorce settlement is unenforceable because the mediator in the case did not conduct the domestic violence screening.
No Confidentiality For Lawyer’s Alleged Defamatory Remarks
The trial court in this defamation case erred by striking an attorney’s affidavit and precluding the attorney from testifying.
Mediator’s Failure To Inquire About Domestic Violence Did Not Negate Divorce Settlement
A settlement agreement signed by the parties in this divorce action was valid and enforceable, even though the mediator did not conduct any domestic violence screening.
Divorcing Parties Cannot “Change Their Mind” About Mediation Agreement
A defendant couldn’t claim the mediation agreement he signed during his divorce proceedings was unenforceable based on perceived procedural mistakes.
The Court of Appeals Uses an Interesting Approach to Set Aside a Mediation Award in a Divorce
In Heiden v Heiden, the COA used the statutory rules governing binding domestic-relations alternative dispute resolution to set aside a common law mediation agreement that purported to divide the parties' property for their judgment of divorce.