Drafting Enforceable Settlement Agreements
December 2008
Settling a case is one thing. Enforcing the parties' agreement is another, especially if it was reached during mediation.
General Credit
1. A lawyer can sign a settlement agreement for his or her client and have it enforced under Code of Civil Procedure section 664.6. True False
2. As long as a settlement agreement states that it is enforceable under section 664.6, it can be enforced. True False
3. To be enforceable, a settlement agreement must be signed by all parties, not just the party against whom enforcement is sought. True False
4. A court cannot find that material terms are missing from a settlement agreement when the agreement states that there are no other significant terms. True False
5. If a party resides in a distant location, it’s acceptable under section 664.6 for the party to sign a declaration after the fact, stating that he or she agrees with the settlement. True False
6. If a settlement is agreed to in open court, it is enforceable under section 664.6. True False
7. To enforce the agreement under section 664.6, a party must sign the settlement agreement itself, and not a separate declaration. True False
8. A settlement agreement can be enforced under section 664.6 when some parties sign the settlement agreement and others assent orally in court. True False
9. A lawyer’s statement in open court is sufficient for a settlement to be enforceable under section 664.6. True False
10. An agreement can be enforced under section 664.6 even if it does not meet the basic requirements of contract formation. True False
11. There are limited exceptions to the rule that parties themselves must sign a settlement for it to be enforceable under section 664.6. True False
12. The rationale for the “party signature” requirement is that settlements implicate a substantial right of the litigants. True False
13. A husband can sign a settlement agreement on his wife’s behalf and have it enforced under section 664.6. True False
14. The approach taken by the court in Levy has been disapproved. True False
15. There must first be contract formation before an agreement can be enforced under section 664.6. True False
16. A party can enforce a settlement agreement under section 664.6 only if he or she has signed it. True False
17. If a settlement agreement is signed during mediation, it will not be admissible in court unless the parties waive the mediation privilege. True False
18. Section 664.6 provides a summary procedure whereby a settlement agreement may be enforced without need for a trial. True False
19. The stringent requirements of section 664.6 are relaxed when an agree-ment is prepared in a mediation. True False
20. If you plan to enforce a settlement agreement under section 664.6, a party who does not attend a mediation should be available by fax or email to sign and return the settlement agreement. True False
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