Court reviews fairness of mediation agreement between parties

ROB MATLOCK d/b/a ROB MATLOCK CONSTRUCTION v. REGINA M. ROURK (Tenn. Ct. App. July 21, 2010)

A homeowner and a contractor agreed to use mediation to resolve their disagreement over the contractor's bill for home renovations. The mediation resulted in an agreement, signed by both parties and their attorneys, which provided that the homeowner would pay the contractor $14,000 and that the parties would release each other from any and all claims. The homeowner paid $11,000, but refused to pay the rest. The contractor sued for the deficiency and filed a motion for summary judgment. The homeowner argued that she did not owe the money because the mediation procedure was unfair and because it did not comply with the requirements of Supreme Court Rule 31. The trial court granted summary judgment to the contractor and ordered the homeowner to pay him $3,000. We affirm the trial court.

Opinion available at:
http://www.tba2.org/tba_files/TCA/2010/matlockr_072110.pdf

Court reviews denial of motion to compel arbitration in a recission of contract case

FRANKE ELLIOTT, ET AL. v. ICON IN THE GULCH, LLC (Tenn. Ct. App. May 20, 2010)

Purchasers of pre-construction condominium units sued the developer seeking rescission of their contracts to purchase the units. The developer filed a motion to compel mediation and/or arbitration pursuant to the contract. The trial court denied the motion and the developer appeals. Finding error, we reverse and remand.

Opinion available at:
http://www.tba2.org/tba_files/TCA/2010/elliottf_052010.pdf