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ARTICLE · 29 OCTOBER 2014

Mediation - Settler's Remorse

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It is not unusual for one of the parties to a mediated settlement to change their mind a few days or even weeks after a settlement has been negotiated at mediation.

CanadaLitigation, Mediation & Arbitration
Rodney Dale
Rodney Dale
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It is not unusual for one of the parties to a mediated settlement to change their mind a few days or even weeks after a settlement has been negotiated at mediation.  This situation is known as "settler's remorse".

In Morant v. Sun Life Assurance Company of Canada, the Plaintiff brought a motion to set aside a mediated settlement.  Mr. Justice Daley dismissed the Plaintiff's motion and enforced the mediated settlement.  He indicated that there was no medical evidence offered that would even suggest that the Plaintiff was medically unfit at the time of mediation or that she did not have the capacity to enter into agreements with the Defendants to settle the actions.

The Judge found no problem with the mediated agreement and said that buyer's remorse was not a good reason to reverse it.

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