In PNC Bank, N.A. v. Springboro Medical Arts (Ohio App. 2015), the parties concluded their mediation by signing a document that contained the “essential terms of the settlement.” The agreement further stated that counsel would later draft a settlement in “formal legal language” with such “additional documents” as were necessary. No formal document was drafted,… Continue reading Extrinsic Evidence to Interpret a Mediated Settlement Agreement?
This article was also published by the American Bar Association’s Section of Litigation, Alternative Dispute Resolution Committee. In The McCaffrey Group, Inc. v. Superior Court, 2014 WL 1153392 (5th Dist. Cal. 2014), the homeowners sought to sue a builder for alleged construction defects. The construction contract required a number of pre-litigation dispute resolution mechanisms, including mediation, and… Continue reading Mediation Agreement Not Unconscionable
It is always recommended that you have signed agreement at the end of a mediation, even if the agreement is only a term sheet, subject to later incorporation of a formal agreement. Having a signed document should prevent parties from having buyer’s remorse the following day. You may even want to consider having language in… Continue reading Make sure your medition agreement is binding