Zombie Settlements

Hon. Geraldine Soat Brown (Ret.)
Hon. Geraldine Soat Brown (Ret.)
JAMS Mediator and Arbitrator

Published May 1, 2019

The exhausted parties pen the basic terms in a memorandum of agreement. But unless the attorneys are careful to create an enforceable settlement agreement, a case that appears to be settled can unexpectedly spring back to life.

Can a “settled” case come alive again? Sadly, yes. Failing to pound the last nail into a case’s coffin can leave enough of an opening to allow an apparently settled case to rise from the dead. Here are some horror stories and tips on how to avoid zombie settlements.

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