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Dispute Resolution Keyed to Goldberg, 7th Ed.
Olam v. Congress Mortgage Co.
Citation:
68 F. Supp. 2d 1110 (1999)Facts
In 1992, Donna Olam obtained a $187,000 loan from Congress Mortgage secured by two San Francisco properties. After defaulting on the loan, she entered into workout agreements in 1993 and 1994, but continued to default. In 1995, she filed suit against Congress Mortgage alleging violations of the Truth in Lending Act and state law claims. In September 1998, the parties participated in a court-sponsored mediation that lasted over 12 hours. At the conclusion, around 1:00 a.m., they signed a Memorandum of Understanding (MOU) that expressly stated it was “intended as a binding document.” When Olam failed to comply with the MOU terms, defendants moved to enforce the settlement. Olam opposed, claiming she was physically ill, emotionally distressed, and mentally incapacitated during the mediation, rendering her incapable of giving legally viable consent. The court held an evidentiary hearing where all mediation participants, including the mediator (after careful consideration of privilege issues), testified about the mediation and Olam’s condition and participation.
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