morethan80percentof casessettleatmediation orshortlythereafter . follow thesetipstohelpensure yourmediatedsettlement agreementsareenforceable .
In Florida , mediation is a mandatory step before trial in most court cases . Here are some important legal and practical tips to help ensure settlement agreements reached at mediation are enforceable .
1 . Secure a Written Agreement Signed by All Parties and Counsel Under Rule 1.730 ( b ) of the Florida Rules of Civil Procedure , a settlement reached during mediation must be in writing and signed by both parties and their attorneys to be enforceable . The Second District Court of Appeal held in Parkland v . Henderson ( 350 So . 3d 484 ) that without such signatures , a mediated settlement agreement is not enforceable . Therefore , insist on a written and signed agreement before the mediation session concludes . While it might be tempting to leave with just a verbal understanding and a promise to formalize the agreement later , this approach risks rendering the settlement unenforceable . Utilize digital platforms like DocuSign during Zoom mediations to facilitate the signing process remotely .
2 . Prepare a Draft Agreement in Advance Anticipate your client ’ s critical terms and prepare a draft mediated settlement agreement or release beforehand . This preparation helps ensure all essential elements are included and reduces the risk of overlooking crucial details under the fatigue of a long mediation day . A pre-prepared draft can prevent errors and misalignment with your client ’ s interests , helping to maintain clarity and accuracy in the final document .
3 . Allow Time for Follow-Up
Mediated settlement agreements often require additional documentation and finalization of ancillary agreements . In personal injury cases , for example , a more detailed release may be necessary , while business disputes may involve complex documents such as license agreements or operating contracts . Allocate sufficient time for these documents to be reviewed and exchanged , and include a term in the settlement specifying the timeframe for document exchanges . This helps manage
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Mediation & Arbitration Section Chairs : AmberBoles – LawOfficeofAmberBoles & LaraTibbals – TibbalsMediation , LLCexpectations and ensures that all necessary documents are thoroughly reviewed and finalized .
4 . Include a Return to Mediation Clause To address potential issues that may arise post-mediation , consider including a Return to Mediation clause in the settlement agreement . This clause allows parties to reconvene with the mediator if disagreements about ancillary documents or settlement details occur . It can be especially useful in complex cases where additional negotiations are needed . Agree on a specific date to reconvene , if necessary , to maintain momentum and address any sticking points promptly .
Conclusion Successfully concluding a mediation can leave parties and their counsel eager to wrap up and move on . However , it is vital not to bypass the essential step of finalizing a written and signed settlement agreement . Adequate preparation and strategic planning can significantly enhance the enforceability of mediated settlements . n
Author : Lara Tibbals – Tibbals Mediation LLC
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