Two earlier posts discussed a controversial decision here in Massachusetts by a Superior Court judge in a case known as Massachusetts Port Authority v. Employers Insurance of Wausau, a Mutual Company (Civil Action No. 95-3079-A). In this case a judge held that a defendant’s failure to heed the advice of mediators could constitute evidence of bad faith refusal to settle. Because the decision seemingly disregards Massachusetts law which protects the confidentiality of communications made during the course of a mediation, this decision could have adverse impact on public confidence in the mediation process.
The text of the decision at the time of those postings was not available in an electronic format on the Internet. However, I have since been able to obtain a paper copy of the decision and put it into a PDF format. Click here to download it.