Mediation Case Law Teaching Videos

Subject Area

Miscellaneous

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Document Type

Video

Publication Date

11-22-2022

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Playtime: 51 seconds

Refusing to extend hold harmless provisions of the parties’ written consent to mediate to preclude suit against the mediator for alleged malpractice in providing legal advice and services when drafting the parties’ separation agreement.

Quote from the Court: “Based upon the well pleaded allegations in the Plaintiff's Amended Complaint, this Court finds that drafting a settlement agreement, such as the one done here, where it was understood that the clients would rely upon its use to secure rights during a Probate Court action, constitutes the practice of law. The Separation Agreement (“Agreement”) at issue here is not a document that nonlawyer mediator could or should produce. It involves concepts and legalese that must be explained by a lawyer familiar with this area of practice. …The Amended Complaint, therefore, sufficiently alleges that Defendant Kroll provided legal advice in producing this Agreement and the Plaintiff and his wife jointly relied upon that legal advice when filing it in Probate Court.” 2021 WL 5711257, *2.

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Reid v Kroll.srt (1 kB)
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Reid v Kroll.srt (1 kB)

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