Resources > Mediation: Sanctions and Mediator Response to Boorish Behavior
Mediation: Sanctions and Mediator Response to Boorish Behavior
Jim Coben
This lesson plan includes 2 videos and teaching notes based on the case Wohnberger v. Lucani in which a court-ordered Zoom mediation involved the plaintiff (Wohnberger), her attorney, and a non-party representative (her business partner and fiancé, Goldstein). The mediator permitted Goldstein to participate at the request of the plaintiff. During the mediation, Goldstein became increasingly belligerent: he allegedly interrupted repeatedly, spoke over the mediator, raised his voice, issued verbal threats, and refused to allow his client or counsel to speak. His behavior severely obstructed the ability to engage in meaningful settlement discussions. After multiple failed efforts to regain control, the mediator muted Goldstein in the Zoom session while continuing discussions with the remaining participants. Goldstein eventually left the session voluntarily. However, post-mediation, he allegedly made threats to the mediator and defendant’s counsel.
Mediation: Sanctions and Mediator Response to Boorish Behavior: Teaching Notes (PDF)
Video and additional materials available at Mitchell Hamline Open Access.