Perspective
Jul. 21, 2012
Enforcement of mediated settlement agreements
What steps can counsel take in drafting a settlement agreement in mediation to enhance the ability to enforce it thereafter? By Steven H. Kruis
Because mediation is a voluntary dispute resolution process, any settlement agreement results from the parties' direct participation. What steps can counsel take in drafting a settlement agreement in mediation to enhance the ability to enforce it thereafter?
Get it in writing signed by the parties to the settlement. California Code of Civil Procedure Section 664.6 provides that if parties agree to a settlement in writi...
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