UWWM's Michael S. Orfinger
Upchurch Watson White & Max Principal Michael S. Orfinger employs the story of a horse, aptly named "Buster," in the current issue of News from Professional Mediation Institute.
He explains how settlement agreements may be rescinded for the same reasons as any contract -- including discovery violations --by revisiting Garvin v. Tidwell, 37 Fla. L. Weekly D2506a (Fla. 4th DCA October 24, 2012), in which one party withheld relevant information during discovery.
"The parties went to mediation and settled in the fall of 2010," Mr. Orfinger writes. "Shortly after mediation, however, appellant’s counsel received an unmarked envelope containing a magazine ad for an equine dietary supplement dated 'Spring 2010'.”
For more on the contents of the envelope, and the rest of this story, please visit the Professional Mediation Institute.