Mediation, Negotiation and Med-Arb: Cases and Commentary - Chapter 3 - ADR and the Law - 20th Edition
The American Arbitration Association, ® (AAA), with its long history and experience in the field of alternative dispute resolution, provides services to individuals and organizations who wish to resolve conflicts out of court. The AAA, with a caseload of over 200,000 disputes administered, is the nation’s largest full-service ADR provider.
Originally from ADR and the Law - 20th Edition
When a party is represented by counsel at a mediation conference and indicates an understanding of and an agreement to settlement terms, the agreement cannot be deemed unconscionable based on the party’s claimed entitlement to additional compensation. Zhu v. Countrywide Realty Co., 2003 WL 21399026 (10th Cir. June 18, 2003).
Plaintiff, Xiangyuan Zhu, and defendant, Countrywide Realty Co., attended a mediation session with a magistrate judge and reached a settlement. The parties then advised the district court that the case was settled and the court closed the case. Ms. Zhu later changed her mind about settling and sought leave to reopen the litigation. After a hearing, the magistrate judge recommended that the court deny the motion. The district court adopted the magistrate’s report and ordered enforcement of the mediation settlement agreement. Ms. Zhu filed a pro se appeal.
Ms. Zhu alleged that the district court did not have the power to force her to sign the settlement documents. She also claimed that it was improper for the same person to serve as mediator and magistrate judge, and that the magistrate judge breached confidentiality by revealing settlement negations in addressing her motion to reopen.
Chapter 3. Mediation, Negotiation and Med-Arb: Cases and Commentary
The Primacy of Negotiation in Alternative Dispute Resolution
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Edward F. Sherman