Alternative Dispute Resolution,
Contracts
Sep. 14, 2018
Creating settlement agreements that you can enforce
In order to craft an enforceable settlement agreement at mediation, there are a few things to keep in mind.
Lars C. Johnson
Mediator
Signature Resolution
Lars was a litigator for 20 years before joining Signature as a full-time mediator. He has extensive experience handling high-stakes catastrophic injury and wrongful death cases, as well as insurance coverage disputes.
In order to craft an enforceable settlement agreement at mediation, there are a few things to keep in mind. First, any agreement -- oral or written -- reached at mediation will be protected by mediation confidentiality unless you take certain steps to allow for disclosure. Second, you should include all material terms in your mediated settlement agreement. Otherwise, you risk either a finding there was no agreement, or alternatively, that there is an agreement and you...
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