Fair v. Bakhtiari, 19 Cal.Rptr.3d 591 (Cal. Ct. App. 2004)

James Coben, Hamline University

Play time: 2:43 minutes

Reversing trial court refusal to enforce mediated settlement and compel arbitration pursuant to its terms because inclusion of the arbitration provision in the settlement was "consistent solely with an intention on the part of the parties for the settlement terms document to be enforceable or binding," thereby making the settlement admissible based on a statutory exception to inadmissibility where an "agreement provides that it is enforceable or binding or words to that effect")(emphasis added), review granted, 104 P.3d 98, 23 Cal.Rptr.3d 295 (Cal. Jan. 12, 2005).

Abstract