In this case, the US Court of Appeals for the Tenth Circuit affirmed a district court's dismissal of a case following a plaintiff's serious violation of mediation confidentiality rules. J. Michael Hand, the plaintiff-appellant, filed a lawsuit in federal district court against his sailing club after the club revoked his membership. Following court-ordered mediation during which the parties failed to reach settlement, Mr. Hand sent an email to at least 44 club members (and others) disclosing confidential details of the mediation, including what the mediator said and the amount of the club's settlement offer. Exercising its broad discretion to impose sanctions, the district court dismissed the case with prejudice, stating that only dismissal "would adequately admonish [Mr. Hand] for his complete disregard for and willful violation of the confidentiality rule, deter similar conduct by others in the future, restore respect for [the] Court's authority, repair the damage caused by [Mr. Hand] to the integrity of the Court's ADR program, and minimize prejudice to the [club]." The appellate court affirmed, finding no abuse of judicial discretion.
Hand v. Walnut Valley Sailing Club
US Court of Appeals for the Tenth Circuit.http://www.ca10.uscourts.gov/opinions/11/11-3228.pdf