ALTERNATIVE DISPUTE RESOLUTION

Can Sanctions Be Applied for Bad Faith in Court-Ordered Mediation?

Yes, they can. But here is how to avoid them.

, New Jersey Law Journal

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A court can require a party to appear at a mediation session, but the court cannot force a party to settle or even to make a settlement offer. And courts have not developed any clear standards for evaluating good faith in court-ordered mediation. However, do not conclude that the court will let a party get away with virtually anything in court-ordered mediation. Here are 10 "rules" that, when broken, have led to sanctions.

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Originally appeared in print as Can Sanctions Be Applied for Bad Faith in Court-Ordered Mediation? Can Sanctions Be Applied for Bad Faith in Court-Ordered Mediation?

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