In re Bolden

719 A.2d 1253 (1998)

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In re Bolden

District of Columbia Court of Appeals
719 A.2d 1253 (1998)

  • Written by Tammy Boggs, JD

Facts

Attorney A. Scott Bolden (plaintiff) challenged a tax decision made by the District of Columbia (DC) (defendant). The parties were required to participate in a court-ordered mediation process. These kinds of mediation sessions were confidential and not recorded or transcribed. Shortly before Bolden’s mediation, his tax expert became physically unavailable to attend. Based on DC’s objection, the mediator refused to allow the expert to attend telephonically. The primary purpose of the mediation session was to hear from Bolden’s tax expert. At the mediation, Bolden stated his request that the parties postpone and reschedule the mediation to a date when his expert could physically appear. Although DC was prepared to proceed with the mediation as scheduled, it also did not object to rescheduling it. The mediation session ended at that point. Subsequently, the trial court imposed a fine of $200 on Bolden for his failure to participate in good faith in mediation. The court determined that Bolden had unilaterally aborted the mediation session. Bolden appealed.

Rule of Law

Issue

Holding and Reasoning (Farrell, J.)

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