Where defendant gave written consent to insurer to settle malpractice suit, and settlement offer was made to plaintiff at mediation and was accepted, but while mediator reduced settlement to writing, defendant revoked her consent and left without signing settlement, parties entered into enforceable oral settlement agreement. Once a party voluntarily declares certain facts to be true and extensively litigates the legal effect of such facts, party is estopped to later claim that the court must disregard those facts based on a belated assertion of mediation confidentiality. Opinion modified with no change in judgment.
