Orlofsky ADR Services

Tag: settlement agreement

Extrinsic Evidence to Interpret a Mediated Settlement Agreement?

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?

How much of an agreement do you need at the end of a successful mediation?

The court are generally agreed that as long as the basic terms are in writing, there is no need for a complete settlement agreement. In Murphy v. YRC, Inc., 2011 WL 3902760 (W.D. Tex. 2011), the parties had a written agreement at the end of the mediation, but a full release needed to be signed.… Continue reading How much of an agreement do you need at the end of a successful mediation?