CP v. RP Jr., PICS Case No. 17-1210 (C.P. Lycoming July 26, 2017) McCoy, J. (11 pages).
The court did not abuse its discretion in enforcing the parties' settlement agreement reached in mediation, because the parties signed the document and took steps to effectuate the terms of the written agreement.
August 18, 2017 at 12:45 PM
5 minute read
Enforcement of Settlement • Privileged Mediation Document • Motion in Limine
CP v. RP Jr., PICS Case No. 17-1210 (C.P. Lycoming July 26, 2017) McCoy, J. (11 pages).
The court did not abuse its discretion in enforcing the parties' settlement agreement reached in mediation, because the parties signed the document and took steps to effectuate the terms of the written agreement.
Husband appealed the court's order granting wife's petition to enforce a property settlement agreement. On September 6, 2014, the parties signed a mediation document purporting to address the division of their marital assets and support issues. Because the document contained conflicting language about whether it was a mediation agreement or a final settlement agreement, the court determined it was ambiguous and took evidence regarding the parties' intent with respect to the document. Ultimately, the court concluded the parties intended the signed document to be a settlement agreement. Husband claimed the court abused its discretion because the document did not meet the definition of a settlement agreement under 42 Pa.C.S. §5949.
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