Ironically, settlement agreements resulting from mediation—a process designed to prevent or end litigation—can sometimes become the subject of litigation themselves.
This 75-minute recorded webinar presents measures that can be used to increase the chances that not only will the mediated settlement agreement be “bullet-proof” if litigation follows, but also eliminate or reduce the likelihood that a party will walk away from or seek to set aside a settlement.
Particular focus is placed on the need to closely monitor all three phases of the mediation: (1) the contents of the agreement to mediate; (2) the conduct of the mediation; and (3) the documentation of the settlement agreement; including the following specifics:
- the legal framework of the agreement,
- confidentiality, agreement on terms, duress and coercion, fraud, mistake, incompetence or incapacity, authority, mediator conduct,
- state law requirements for recording the agreement
- the 11 things that the agreement must, at a minimum, address,
- preparing ancillary documents at the mediation,
- conversion into an arbitration award,
This webinar will help you gain an understanding of the legal framework courts use to assess the enforceability of mediation settlement agreements; illustrate enhancements to the mediation process to help ensure that settlements “stick”; and provide practical tools for immediate use to increase the likelihood that mediation settlements will be enforceable, including advice on documenting the settlement.
WHO WOULD BENEFIT FROM THE PRESENTATION – Mediators, mediation advocates, litigators, academics, and anyone interested in the dynamics of the mediation process.
What others are saying about this presentation...
Brought confirmation of what I have been doing, but learned more of what to include to prevent challenges in court.
Superb presentation by two excellent mediators who obviously are at the top tier of their profession.
^ A link to this recorded webinar's supplemental material appears above at left. You may download the materials once you have registered for the recording.
This program does not qualify for the annual Arbitrator Continuing Education (ACE) requirement.
Launching the Course After Registration
If you purchase this recorded webinar you will receive a confirmation email containing a link to the course. You will click the course link in that email or copy and paste the link into your browser to launch the course. If you have a "My Profile" account on this site, you can also launch the course from your Transcript page.
CLE is currently not offered on AAA recorded webinars. Some jurisdictions will allow CLE credit for online programs, and we suggest that you confirm CLE credit availability for this type of program with the appropriate state CLE regulator. A Certificate of Attendance will be provided upon request.
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