Estate of Barber v. Guilford County Sheriff's Department, 589 S.E.2d 433 (N.C. App. 2003)

Authors

James Coben, Mitchell Hamline School of LawFollow

Subject Area

Enforcement

Document Type

Video

Publication Date

1-1-2006

Comments

Play time: 4:22 minutes

1. A plaintiff's obligation not to defame a wrongful death action defendant is not unenforceable as a prior restraint on speech, where record showed the mediated agreement was based on a knowing, voluntarily and intelligent waiver of constitutionally protected rights; 2. A trial court is without authority to sanction a party for violation of a mediated settlement, because sanctioning power only extends to violation of mediation rules themselves, such as attendance; and 3. [O]nce a defendant voluntarily dismisses claims with prejudice as part of a mediated settlement, the court is without power to enforce the settlement absent defendant's motion to withdraw the voluntary dismissal or the bringing of a new court action based on breach of contract.

Recommended Citation

Coben, James, "Estate of Barber v. Guilford County Sheriff's Department, 589 S.E.2d 433 (N.C. App. 2003)" (2006). Mediation Case Law Teaching Videos. 9.
https://open.mitchellhamline.edu/dri_mclvideo/9