Category Archives: Mediation

Model Court Mediation Rule 12 (d)(2), requires filing objection to parties’ settlement agreement with mediation program coordinator with three calendar days.

Judgment incorporating parties’ mediated settlement agreement, partially reversed; trial court erred in ruling that mediated agreement was not court-referenced or court-annexed mediation, since trial court referred parties’ divorce case to mediation, competent mediator conducted mediation under applicable rules, trial court is charged with overseeing ntegrity of mediation once it is initiated and parties did not petition trial court to remove case from mediation; issue of attorney and witness fees to wife, remanded for trial court to make specific finds to support such award; husband di dnot comply with Model Court Mediation Rule 12 (d)(2), since he did not file his objection to parties’ settlement agreement with mediation program coordinator with three calendar days and husband’s filing of his objection with wife’s attotney did not consitute substantial complaince with Rule 12; husband’s contention that mediator exceeded his proper role by drafting settlement agreement was meritless; trial court did not err in calling mediator to testify at hearing on wife’s motion to enforce settlement agreement, since mediator was only witness available to tetify about husband’s mental and emotional condition during mediation and mediator did not testify about any substantive settlement discussions or any specific confidential communciations; trial court did not abuse its discretion in enforcing agreement, given husband’s $2M net worth.

Wilson v. Wilson, S07F1201 (11/21/07), 07 FCDR 3585

Fulton County Daily Report, 12/07/2007