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    Default Is Mediation Resolved and Signed Agreement a Public Record

    My question involves court procedures for the state of: Tennessee Recently successfully concluded mediation. All parties signed this agreement which has conditions and monetary awards included. Does this mediation document remain confidential or does it become a public record.

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    Default Re: Is Mediation Resolved and Signed Agreement a Public Record

    Quote Quoting bitsy4643
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    My question involves court procedures for the state of: Tennessee Recently successfully concluded mediation. All parties signed this agreement which has conditions and monetary awards included. Does this mediation document remain confidential or does it become a public record.
    A judge is going to have to sign off on it to make it official so its likely to end up in your file. It won't be published in any manner, however.

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    Default Re: Is Mediation Resolved and Signed Agreement a Public Record

    Quote Quoting bitsy4643
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    Does this mediation document remain confidential or does it become a public record.
    Typically, settlement agreements (whether resulting from mediation or otherwise) are not filed with the court and do not become public record. There are, however, many circumstances in which it might become public.

    Quote Quoting llworking
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    A judge is going to have to sign off on it to make it official so its likely to end up in your file.
    Is this something specific to Tennessee? I've negotiated, drafted and signed hundreds of settlement agreements and never once have I had to have a judge "sign off on it to make it official."

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    Default Re: Is Mediation Resolved and Signed Agreement a Public Record

    Quote Quoting pg1067
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    Typically, settlement agreements (whether resulting from mediation or otherwise) are not filed with the court and do not become public record. There are, however, many circumstances in which it might become public.



    Is this something specific to Tennessee? I've negotiated, drafted and signed hundreds of settlement agreements and never once have I had to have a judge "sign off on it to make it official."
    Are you talking about settlement agreements before a case is filed or after? I agree that if no case is filed there is no judge involved. Otherwise, I would think that it would be preferable to have the judge sign off on it, to ensure that the person didn't settle in bad faith and continue the case and get a default ruling.

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    Default Re: Is Mediation Resolved and Signed Agreement a Public Record

    Quote Quoting llworking
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    Are you talking about settlement agreements before a case is filed or after? I agree that if no case is filed there is no judge involved. Otherwise, I would think that it would be preferable to have the judge sign off on it, to ensure that the person didn't settle in bad faith and continue the case and get a default ruling.
    In most civil cases, outside of perhaps family law cases, if the parties reach agreement in the matter they'll simply jointly move to dismiss the case, which the court will be more than happy to grant, and the agreement will never be submitted to the court nor become a part of the court record. The parties will do that in part precisely because they want the agreement to remain private.

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    Default Re: Is Mediation Resolved and Signed Agreement a Public Record

    Quote Quoting llworking
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    Are you talking about settlement agreements before a case is filed or after?
    Overwhelmingly, after.


    Quote Quoting llworking
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    I agree that if no case is filed there is no judge involved. Otherwise, I would think that it would be preferable to have the judge sign off on it, to ensure that the person didn't settle in bad faith and continue the case and get a default ruling.
    I've never heard of "settl[ing] in bad faith" (although see my comment below regarding a "good faith settlement"), so I don't really know what that might mean. However, I'm skeptical that having a judge "sign off" on a settlement would prevent that. I'm also not sure what "continue the case and get a default ruling" might mean.

    Generally, what happens when parties to a civil case mediate and settle as a result of the mediation is that one side or the other (or possibly the mediator) will prepare a settlement agreement. Most often, the crux of that agreement will be that one party will pay the other some amount of money and the litigation will be dismissed. Depending on how long the parties anticipate the settlement to take, they may informed the court that a settlement was reached and that a dismissal will be filed within X days. However, they do not typically inform the court of the terms of the settlement. Then, once the money has been paid, the parties' attorneys will file the appropriate dismissal documentation. Obviously, more complex settlements may require more things to be done procedurally. In particular, if the settlement includes some sort of injunction, then court involvement may be necessary. Similarly, if the settlement is between the plaintiff and one of multiple tortfeasors, it may be necessary for the court to confirm the settlement as a good faith settlement (see, e.g., Cal. Code of Civil Proc. section 877.6). Of course, if a settlement agreement is breached, it may be necessary to file it with the court for purposes of enforcement. All of these exceptions are relatively uncommon.

    I take it, by the way, that this means that your prior, unequivocal statement that "A judge is going to have to sign off on it" was something you simply made up.

  7. #7

    Default Re: Is Mediation Resolved and Signed Agreement a Public Record

    evidently not, as I filed public record request with city and received complete document from city

    corrected , in my city mediation agreement is matter of public record.

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    Default Re: Is Mediation Resolved and Signed Agreement a Public Record

    Depends on type of mediation - not necessarily a settlement per say. Mediation is sometimes required in child custody cases by the courts. Mediation is sometimes ordered by the courts for disputes in land ownership, partnership disagreements, etc. In these case, it very well could be public record.

    Even if it were not public record, the other party could make it public if they wish unless there was some legal contract for them to keep it quiet.

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    Default Re: Is Mediation Resolved and Signed Agreement a Public Record

    Quote Quoting bitsy4643
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    evidently not, as I filed public record request with city and received complete document from city

    corrected , in my city mediation agreement is matter of public record.
    Why would the city be involved? Was the other party to your case a public entity? Courts in Tennessee are not city-based.

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