Mediation Case Law Teaching Videos

Video

Enforcement

Publication Date

2006

Comments

Play time: 2:35 minutes

Affirming that trial court acted erroneously in granting summary judgment denying enforcement of mediated divorce settlement agreement under rules utilized to resolve whether to incorporate a settlement agreement into a final divorce judgment, where husband died during pendency of divorce proceedings but the parties' agreement contained provisions that were to take effect immediately or shortly after the date the agreement was executed indicating it was not contingent upon issuance of a divorce judgment and in such cases enforcement is evaluated under ordinary rules of contract construction.

Note: The decision implicitly affirmed the additional conclusion of the Court of Appeals that summary judgment in favor of enforcement also was inappropriate where allegations of capacity to contract -- specifically that a party "had suffered anxiety attacks, had consumed at least four doses of Valium, and was bereft of energy and mental concentration" -- raised jury questions about whether there was a meeting of the minds sufficient to create a contract). See Guthrie v. Guthrie, 577 S.E.2d 832 (Ga. App. 2003).

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