Attorney’s Fee Provision for Failure to Mediate Not Triggered Without Mediation Request
By Keith L. Seat, International Academy of Mediators, April 5, 2013
This post has been viewed 2,599 times.
This post has been viewed 2,599 times.
The dispute resolution clause in a Maine real estate contract required use of mediation and provided for attorney’s fees if either party litigated and lost after refusing to go to mediation. However, when a dispute resulted in litigation and neither party sought mediation, the court concluded that the prevailing party was not entitled to attorney’s fees because there had been no refusal to mediate. Thompson v. Miles, No. 1:10-CV-00234 (U.S.D.C. D. Maine, January 8, 2013)
Read original articleTags: Dispute Resolution, Maine real estate contract, Mediation Request
Related Posts
Branding the Post-Closing Dispute
June 4, 2014
In the first episode of Mad Men, Don Draper and his team are looking for a way to distinguish Lucky Strike from all the other...
June 4, 2014
In the first episode of Mad Men, Don Draper and his team are looking for a way to distinguish Lucky Strike from all the other...
Online Dispute Resolution: An Amorphous Concept, Yet An Effective Tool Part V
April 30, 2014
The rise of Online Dispute Resolution has lead to some debate over its effectiveness and the benefits of its use. According...
April 30, 2014
The rise of Online Dispute Resolution has lead to some debate over its effectiveness and the benefits of its use. According...
Crowd Arbitration: Crowdsourced Dispute Resolution Part V
April 24, 2014
Some forms of crowdsourced dispute resolution currently exist online. These dispute resolution processes can be put into...
April 24, 2014
Some forms of crowdsourced dispute resolution currently exist online. These dispute resolution processes can be put into...
