Unformatted text preview: the parties never entered into a binding settlement agreement. Issue Was a binding, enforceable oral settlement agreement reached at mediation between both the plaintiff and defendant, when combined with the unexecuted documents drafted subsequently? Decision No Reasoning There were four factors that contributed to the decision of reversing the order enforcing the settlement. First, the documents revealed intent not to be bound prior to the execution of the final document. Paragraph nine of the agreement stated that the statement would not be “binding upon either party unless reduced to a final agreement of settlement” and that “any final agreement of settlement would be in writing and signed by every party sought to be charged.”...
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- Spring '11
- Catamount Slate Products, Inc., Lease and Settlement