• Flour and Eggs Don't Always Make a Biscuit
  • September 25, 2017 | Author: David W. Henry
  • Law Firm: Marshall Dennehey Warner Coleman & Goggin, P.C. - Orlando Office
  • One of the issues that sometimes a rises at mediation is whether an enforceable agreement exists if a second document is contemplated. What if one party signs a mediation agreement that contemplates a longer formal settlement document with confidentiality provisions, merger, remedies for breach and all of the belts and suspenders? Is there really an enforceable deal if a party refuses to sign the longer settlement agreement and release? The law is neither easily summarized nor consistent. Some courts faced with a Motion to Enforce Settlement treat the signed mediation agreement as an enforceable deal and view the contemplated release as more or less perfunctory. Other courts find that if the language of the mediation agreement contemplates a second document that must be mutually agreed upon and executed, and if that second document is not agreed upon, then there is no deal.