BCBA Home Study CLE: "Great - You Got Your Case Settled in Mediation - Or Did You?"

Please join us for the virtual Civil Litigation & Alternative Dispute Resolution CLE presentation "Great - You Got Your Case Settled in Mediation - Or Did You?" presented by Rob Gunning, Doug McQuiston, and Doug Stevens.

This CLE will explore the ramifications of Tuscany Custom Homes, LLC v. Westover (2020COA178) for both mediators and litigators.  In Tuscany, the Court of Appeals held that an unsigned, post-mediation writing offered to prove the existence and terms of an oral agreement reached during a mediation proceeding was inadmissible because it was a confidential mediation communication under the Dispute Resolution Act. Because an unsigned writing is inadmissible, a party cannot prove the existence or terms of an agreement reached at mediation unless it is reduced to writing and fully executed, or the party can present other admissible evidence of the agreement.  Following a discussion of the case, the panel will discuss hypothetical scenarios relating to mediation communications and agreements.