Enforceable Mediation Settlement Agreements

Crafting and Executing Agreements to Withstand Court Scrutiny

Recording of a 90-minute CLE webinar with Q&A

Conducted on Tuesday, January 13, 2009

Program Materials

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.

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Outline

  1. Enforceability of mediated settlement agreements — current case law trends
  2. Preparing for mediated settlement negotiations
    1. Investigate facts
    2. Evaluate case
    3. Determine settlement strategy
    4. Establish settlement range
  3. Effective negotiation techniques
  4. Best practices to secure an enforceable settlement agreement
    1. Reduce settlement to writing at the conclusion of mediation session(s)
    2. Counsel should draft agreement, not the mediator
    3. Make sure all parties sign the settlement
    4. 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
Karin S. Hobbs
Attorney-Mediator
Bohling Hobbs Professional Mediation

She is a proactive mediator with advanced skills in dealing with highly emotional cases. She has mediated over 3,200...  |  Read More

Edward F. Morrison
Edward F. Morrison
Principal
The Morrison Law Group

He is a veteran litigator who has focused on the representation of commercial businesses in complex contract disputes,...  |  Read More

Matthew J. Geyer
Matthew J. Geyer
Attorney-Arbitrator-Mediator

He focuses primarily on service as a arbitrator and mediator. He is a member of the AAA’s National Roster of...  |  Read More

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$297