Arbitration & Mediation

Georgia Supreme Court Rules That Mediator Can Testify to Competence of Party

By Christopher Annunziata

Late last year, the Georgia Supreme Court heard an interesting case challenging the scope of the mediator?s confidentiality. In brief, Mr. Wilson and Mrs. Wilson agreed to attend mediation, without counsel, to discuss a divorce settlement. While the case had initially been referred to mediation via the County?s ADR program, the Wilsons did not choose a mediator from the County ADR program?s list, choosing instead to agree to another mediator (who was registered with the State). They also neglected to inform the County ADR Supervisor that they were agreeing to mediation.

The parties reached agreement at mediation and signed a settlement agreement on December 22, 2006. Five days later, the husband wrote to the wife?s attorney claiming that he no longer agreed to the terms of the agreement and declaring it ?set aside? under Model Court Mediation Rule 12(d)(2), which gave him three calendar days to object. He also contended that he was not competent to enter the agreement because he “suffered from depression, was bothered by his medication, was exhausted, and lacked the mental and physical stamina to understand the obligations he was undertaking.” Problem was, Rule 12(d)(2) requires him to notify the County ADR Supervisor, not opposing counsel.

More after the jump. (more…)

Full post as published by CKA Mediation and Arbitration Services Blog on February 22, 2008 (boomark / email).