Appeal in mediation case heard by court

Las Vegas Review Journal
February 8, 2011

In 2009, lawmakers created a mediation program that imposed sanctions for lenders who do not meaningfully participate in mediation. In this case, the court must decide whether the failure to bring certain documents to a mediation, despite express statutory language, is “bad faith.”

Despite the typical confidentiality that accompanies mediation, the mediator made a report (although it did not cite the lender as acting in “bad faith”). Hopefully, this decision will help clarify who should be sanctioned under the statute and the role of the mediator in making this determination.

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