Mediation Settlement Enforceable, Even Though One Party Refused To Sign An Agreement Required By The Settlement

In Miller v. Miller, the Georgia Court of Appeals affirmed a lower court’s determination that a binding settlement agreement was reached at a mediation, even though one of the parties refused to sign a Purchase Agreement that was contemplated by the settlement. According to the court, “[t]he parties entered into a mutual binding agreement [at the mediation]. Thereafter, the drafting of documents necessary to effectuate the settlement agreement may have been a condition of the performance but it was not an act necessary to acceptance of the offer to settle.”

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