Enforceable Mediation Settlement Agreements
Crafting and Executing Agreements to Withstand Court Scrutiny
Recording of a 90-minute CLE teleconference with Q&A
Conducted on Tuesday, January 13, 2009
Recorded event now available
This seminar will review current case law trends related to the enforcement of mediated settlement agreements and will offer best practices for mediation counsel for negotiating, drafting and executing enforceable agreements.
Description
The enforceability of mediated settlement agreements is a high priority concern for both mediators and mediation counsel. Even a minor error or oversight by counsel in drafting or executing a mediated settlement agreement could result in enforceability problems down the road.
A California appellate court recently ruled that a mediated settlement agreement was inadmissible and unenforceable against the parties that signed the agreement because one of the parties to the mediation would not sign the agreement and objected to its enforcement.
It is critical that mediation counsel understand the legal and practical requirements for achieving an enforceable mediated settlement agreement in order to save their clients the added time and expense of a trial.
Listen as our panel of experienced mediation counsel reviews current case law trends related to the enforcement of mediated agreements and offers best practices for negotiating, drafting and executing enforceable agreements.
Outline
- Enforceability of mediated settlement agreements — current case law trends
- Preparing for mediated settlement negotiations
- Investigate facts
- Evaluate case
- Determine settlement strategy
- Establish settlement range
- Effective negotiation techniques
- Best practices to secure an enforceable settlement agreement
- Reduce settlement to writing at the conclusion of mediation session(s)
- Counsel should draft agreement, not the mediator
- Make sure all parties sign the settlement
- Include provision that settlement is enforceable by the court
Benefits
The panel will review these and other key questions:
- What special language is required to be included in a mediated settlement agreement to make it enforceable?
- At the conclusion of a successful mediation session, what are the best practices for documenting the agreement?
- What signatures must be included on a mediated settlement agreement to ensure its enforceability?
Faculty
Karin S. Hobbs,
Attorney-Mediator
Bohling Hobbs Professional Mediation, Salt Lake City, Utah
She is a proactive mediator with advanced skills in dealing with highly emotional cases. She has mediated over 3,200 cases. She has taught hundreds of mediation and mediation advocacy seminars.
Edward F. Morrison,
Principal
The Morrison Law Group, Los Angeles
He is a veteran litigator who has focused on the representation of commercial businesses in complex contract disputes, construction litigation and major injury products liability litigation. He has been a guest lecturer at the Pepperdine University Law School's Strauss School for Alternative Dispute Resolution.
Matthew J. Geyer,
Attorney-Arbitrator-Mediator
San Francisco
He focuses primarily on service as a arbitrator and mediator. He is a member of the AAA’s National Roster of Commercial Arbitrators, its Large Complex Case Panel, Securities Panel and Mediation Panel. He also serves as general outside legal counsel and as a party-appointed arbitrator.
Ordering
Online CLE - Audio Recording
Includes audio streaming of full program plus handouts (available 24 hours after live seminar).
CLE:
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(*Indicates that Strafford must report attendance.)
Online CLE Audio $149.00
Available 24 hours after the live event
Recorded Event
Includes full event recording plus handouts (available after live seminar).
CLE: Pre-approved for self-study credit in: AK, AZ, CA, CT, HI, MO, MT, NY, TX, VT, WA, WV. Upon request, self-study credit is also available in: CO, FL, GA, ID, KY, ME, ND, NE, NH, NM, NV, OR, UT, WI, WY. If you are applying for self-study credit in one of these states, contact Strafford CLE at 1-800-926-7926 ext. 35 or CLE@straffordpub.com.
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Available 24 hours after the live event
CD $49.00
plus $9.45 S&H
Available ten business days after the live event
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Duane Morris LLP
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Litigation Advisory Board
Partner
K&L Gates
Counsel
O’Melveny & Myers
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Capes Sokol Goodman & Sarachan
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Baker & Hostetler
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Winston & Strawn
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Akin Gump Strauss Hauer & Feld
Robert B. (Barry) Wiggins
Director
Deloitte Financial Advisory Services
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