§
Subdivision 1.General.
The effect of a mediated settlement agreement shall be determined under principles of law applicable to contract. A mediated settlement agreement is not binding unless:
(1) it contains a provision stating that it is binding and a provision stating substantially that the parties were advised in writing that (a) the mediator has no duty to protect their interests or provide them with information about their legal rights; (b) signing a mediated settlement agreement may adversely affect their legal rights; and (c) they should consult an attorney before signing a mediated settlement agreement if they are uncertain of their rights; or
(2) the parties were otherwise advised of the conditions in clause (1).
§
Subd. 2.Debtor and creditor mediation.
In addition to the requirements of subdivision 1, a mediated settlement agreement between a debtor and creditor is not binding until 72 hours after it is signed by the debtor and creditor, during which time either party may withdraw consent to the binding character of the agreement.
Notes of Decisions
Haghighi v. Russian-Am. Broad. Co., 577 N.W.2d 927 (Minn. 1998).
· cites it 16× “by the parties’ attorneys at the conclusion of a mediation session conducted pursuant to the Minnesota Civil Mediation Act and signed contemporaneously on each page by the respective parties attending the mediation session but which does not itself provide that the document is…”
Ali Haghighi, Doing Bus. as Int'l Radio Network v. Russian-Am. Broad. Co., 173 F.3d 1086 (8th Cir. 1999).
“Act and signed contemporaneously on each page by the respective parties attending the mediation session but which does not itself provide that the document is to be a binding agreement, is rendered unenforceable as a mediated settlement *1088 agreement by virtue of Minn.Stat. §…”
Haghighi v. Russian-Am. Broad. Co., 945 F. Supp. 1233 (D. Minnesota 1996).
· cites it 14× “The Court also requested that the parties submit supplemental briefs addressing whether mediator Gerald Laurie is a competent witness or is privileged from testifying at the evidentiary hearing, and the effect of Minn.Stat. § 572.35, subd. 1 on the enforceability of any…”
Brian Rhodes v. Stockwell Homes, L.L.C. (2024).
· cites it 2× “See Minn. Stat. §§ 572.35 , subd. 1 (providing that the “effect of a mediated settlement agreement shall be determined under 2 We express no opinion as to whether a party must be personally informed of the conditions set forth in Minn.”
Sandra Weise v. Alan M. Powell (Minn. Ct. App. 2024).
· cites it 2× “Weise argues that the district court erred when it refused to enforce the plain language of the MOA and should not have considered the mediator’s clarifications. Weise argues that the clarifications contradict the plain language of the MOA and therefore cannot control.”
Jay Nygard v. Patrick Walsh (Minn. Ct. App. 2015).
· cites it 2× “Pursuant to Minnesota Statutes Section 572.35, the parties are hereby advised that (a) the mediator has no duty to protect their interests or provide them with information about their legal rights; (b) signing a settlement agreement may adversely affect their legal rights; and…”
Ali Haghighi v. Russian-Am. (8th Cir. 1999).
“Act and signed contemporaneously on each page by the respective parties attending the mediation session but which does not itself provide that the document is to be a binding agreement, is rendered unenforceable as a mediated settlement agreement by virtue of Minn. Stat. §…”
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