Whether an appellate court can take the act of refusal to settlement at mediation out of the mediation context to strip off the immunity from liability afforded by law to such refusal in order to create an ad hoc liability for purpose of summary judgment affirmance

QUESTIONS PRESENTED | Whether an appellate court can take the act of refusal to settlement at , . mediation out of the mediation context to strip off the immunity from liability . afforded by law to such refusal in order to create an ad hoc liability for purpose of ) summary judgment affirmance. | Whether an act of refusal to settle by one party at mediation, without more, can give rise to breach of contract and other tort claims against that refusing party accrued from the time of refusal; and if it can, whether failure by district court to resolve all claims and all parties stripped the appellate court the authority or jurisdiction to hear the appeal pursuant to 28 U.S.C. §1291 (non-final judgment). ii .