Mediated Settlement Agreements Sample Clauses

Mediated Settlement Agreements. Agreements reached at mediation are binding on the parties if: • The agreement provides, in prominently displayed statement that is in bold-faced type or capital letters or underlined, that the agreement is not subject to revocation; • The agreement is signed by each party to the agreement; and • The agreement is signed by the party’s attorney, if any, who is present at the time the agreement is signed. See § 6.602(b), TEX. FAM. CODE § 6.602(c) provides that party to a mediated settlement agreement which complies with § 6.602(b) is entitled to judgment on the mediated settlement agreement notwithstanding Rule 11, TEXAS RULES OF CIVIL PROCEDURE, or another rule of law. A similar provision for mediated settlement agreements with respect to suits affecting the parent-child relationship is § 153.0071, TEX . FAM. CODE. However, this provision does not make entry of a judgment on the mediated settlement agreement mandatory and ministerial. Xxxx x. Xxxx, 67 S.W.3d 398 (Tex. App.—Fort Worth [2nd Dist.] 2002, n.p.h.); In re: Kasschau, 11 S.W.3d 305 (Tex. App.—Houston [14th Dist.] 1999 orig. proceeding). The trial court is entitled to review the mediated settlement agreement to deter mine its enforceability. See Kasschau (called for illegal acts), supra; Xxxx (void for failure to disclose material asset), supra. The provision has been interpreted to mean that it is not necessary to file suit to enforce the agreement as a contract. Xxxxxxx x. Xxxxxx, 958 S.W.2d 232 (Tex. App.—Eastland [11th Dist.] 1997, pet. denied). Appendix C is language which can be inserted into Appendix B, to convert it into a binding Mediated Settlement Agreement.
Sample 1
AutoNDA by SimpleDocs

Related to Mediated Settlement Agreements

  • Authority to Enter Into Settlement Agreement 5.1 CAG represents that its signatory to this Settlement Agreement has full authority to enter into and legally bind CAG to this Settlement Agreement.

  • EXECUTION OF SETTLEMENT AGREEMENT 37. This Settlement Agreement may be signed in one or more counterparts which together shall constitute a binding agreement.

  • Modification of Settlement Agreement Any modification to this Settlement Agreement shall be in writing and signed by the Parties.

  • Settlement Agreement Respondent understands that Respondent has the right to a formal adjudicatory hearing concerning this matter and that at said hearing Respondent would possess the right to confront and cross-examine witnesses, to call witnesses, to present evidence, to testify on Respondent’s own behalf, to contest the allegations, to present oral argument, and to appeal to the courts. Further, Respondent fully understands the nature, quality, and dimensions of these rights. Respondent understands that by signing this Settlement Agreement,

  • Memorandum of Understanding/Settlements The Parties recognize that during the term of this Agreement situations may arise which require that terms and conditions not specifically and clearly set forth in the Agreement must be clarified or amended. Under such circumstances, the PBA is specifically authorized by employees to enter into the settlement of grievance disputes or memorandum of understanding which clarifies or amends this Agreement, without having to be ratified by employees.

  • Effective Date of Settlements ‌ Settlements reached at any step of the grievance procedure in this article, other than Clause 8.11, shall be applied retroactively to the date of the occurrence of the action or situation which gave rise to the grievance, but not prior to the effective date of the agreement in effect at the time of the occurrence or the date set by a board of arbitration.

  • Rollovers of Exxon Xxxxxx Settlement Payments If you receive a qualified settlement payment from Exxon Xxxxxx litigation, you may roll over the amount of the settlement, up to $100,000, reduced by the amount of any qualified Exxon Xxxxxx settlement income previously contributed to a Traditional or Xxxx XXX or eligible retirement plan in prior taxable years. You will have until your tax return due date (not including extensions) for the year in which the qualified settlement income is received to make the rollover contribution. To obtain more information on this type of rollover, you may wish to visit the IRS website at xxx.xxx.xxx.

  • Application of Settlement Agreement 10.1 This Settlement Agreement shall apply to, be binding upon, and inure to the benefit of, CAG and the Releasees and Downstream Releasees identified in Section 2 above.

  • Enforcement of Settlement Agreement 11.1 Any party may file suit before the Superior Court of the County of Los Angeles, consistent with the terms and conditions set forth in paragraphs 11.2 and

  • FAILURE TO HONOUR SETTLEMENT AGREEMENT 32. If this Settlement Agreement is accepted by the Hearing Panel and, at any subsequent time, the Respondent fails to honour any of the Terms of Settlement set out herein, Staff reserves the right to bring proceedings under section 24.3 of the By-laws of the MFDA against the Respondent based on, but not limited to, the facts set out in Part IV of the Settlement Agreement, as well as the breach of the Settlement Agreement. If such additional enforcement action is taken, the Respondent agrees that the proceeding(s) may be heard and determined by a hearing panel comprised of all or some of the same members of the hearing panel that accepted the Settlement Agreement, if available.

Time is Money Join Law Insider Premium to draft better contracts faster.