Gregory R Meeder is a Partner in Holland &
Knight's
Chicago office
Lisa M Kpor is an Associate in Holland &
Knight's
Chicago office
HIGHLIGHTS:
- An agreement reached at the
conclusion of a mediation session typically represents an
abbreviated version of a formal settlement agreement that will be
entered into by the parties at a later date.
- Occasionally, however, parties are
unable to finalize the comprehensive settlement agreement, and the
terms of the memorandum of understanding become vital to resolving
related disputes.
- This Holland & Knight alert
offers tips for preparing an agreement that is more likely to
withstand judicial scrutiny.
The Illinois Uniform Mediation Act (735 ILCS 35/1, et
seq.) provides that communications made during mediations are
generally privileged and otherwise exempt from disclosure. One of
the exceptions to this statutory rule is for an agreement evidenced
by a record signed by all of the parties to the agreement,
