Mediation Case Law Teaching Videos
Subject Area
Confidentiality
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Document Type
Video
Publication Date
11-22-2022
Recommended Citation
Coben, James, "Benavidez v. Andrus-Maxwell, No. CV 21-320 JHR/SCY, 2021 WL 4820643 (D.N.M. Oct. 15, 2021)" (2022). Mediation Case Law Teaching Videos. 44.
https://open.mitchellhamline.edu/dri_mclvideo/44
Benavidez.srt (1 kB)
Comments
Playtime: 50 seconds
Rejecting plaintiff's contention that he does not have to include the computation of damages in initial mandatory discovery disclosures “simply because plaintiff also included this information in a mediation statement,” reasoning that a mediation statement is confidential which would preclude defendant’s use of the damage calculation.
Quote from the Court: “The Court agrees with Defendant that a mediation statement is not a substitute for including the required information in initial disclosures. A mediation statement provided to the referral judge is confidential and not to be used outside the purposes of settlement discussions. D.N.M.LR-Civ. 16.2. Thus, Defendant's ability to use this calculation of damages is limited. The Court therefore rejects Plaintiff's contention that he does not have to include the computation of damages in initial disclosures simply because Plaintiff also included this information in a mediation statement.” 2021 WL 4820643, *1.