Turner v. Young

205 F.R.D. 592 (2002)

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Nature of the Case

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Facts

The parties scheduled mediation for December 13, 2001. D sent a letter to P requesting permission to have the claims handler with settlement authority participate in the mediation by telephone. P objected 'vehemently' because he believed the mediation would be a 'waste of time' if D did not send someone to the mediation with settlement authority. P suggested that the Court be contacted immediately so that this issue may be resolved well in advance of the mediation. There was no reply. D came to the mediation and was accompanied by Scott Glow, a representative of D's liability insurance carrier. The company gave Glow authority to pay up to $25,000 to settle all of P's claims. P stated that the mediation was being conducted only to settle P's personal injury claims, but not the potential invasion of privacy claim P has not yet sued upon. Glow was authorized to pay only $20,000 if the settlement would not effect a release of P's invasion of privacy claim. The parties reached an impasse. P's last demand was $32,500, and D's final offer was $20,000. P seeks sanctions for D's failure to send a representative to the mediation who had the authority to settle P's claims.