Mediation Case Law Teaching Videos
Subject Area
Enforcement
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Document Type
Video
Publication Date
11-22-2022
Recommended Citation
Coben, James, "Donna S. v. Travis S., 246 W.Va. 634, 874 S.E.2d 746 (2022)" (2022). Mediation Case Law Teaching Videos. 42.
https://open.mitchellhamline.edu/dri_mclvideo/42
DonnaS v. Travis S.srt (1 kB)
Comments
Playtime: 55 seconds
Finding mediated divorce settlement invalid and illusory where it required husband's parents, who were not parties to the divorce (nor third-party beneficiaries of the agreement), to transfer a right of way to wife and to pay real estate transfer costs.
Quote from the Court: “The purpose of mediation is for the parties to the dispute to give up something in exchange for something else to reach a resolution of their disagreements. Here, no party to the agreement had the authority to transfer the right of way. Respondent's parents were not parties to the divorce and the family court had no mechanism to enforce the agreement against the parents.” 874 S.E.2d at 754-755.