Trying to Get Out of a West Palm Beach Settlement? Check Out This Recent Appeal to Get Out of the West Palm Beach Mediation Agreement.

Are you being held to a settlement that you did not agree to in  West Palm Beach? Are mediation settlements binding in a probate lawsuit? The answer is yes but only if it is the settlement you actually agreed to. How can you get out of a settlement agreement in West Palm Beach?

West Palm Beach Settlements

• Settlements are agreements that keep you out of trial upon specific terms.
• Often time’s parties are able to agree to a settlement on the eve of trial or after a successful mediation.
• There is a peculiar aspect of settlements that West Palm Beach probate lawyers are very familiar with – the exact terms are hard to iron out in writing.
• Often times a settlement starts out as an oral promise and discussions but they have to be reduced in writing.
• That is the hard part.
• Often various terms are disagreed upon and this can lead to a breakdown in the negotiations.
• The other side will likely still try to hold you to that settlement through Court; this is called a motion to compel settlement.
• The Court has a policy of favoring and enforcing settlements but only when there actually is one.
• Check out this recent case out of the Second District Court of Appeal to learn more.

Pena v. Fox

• This was an appeal to the Appeals Court after one party was forced to hold to a settlement they did not agree to.
• This was a car crash case that was rather straightforward.
• The sides had thought that they had settled but one of the conditions was that a release would only apply to the driver not any other potentially negligent parties.
• The other side proposed releases that were broader than this and the other side shut down settlement negotiations.
• The trial court said there had been a settlement but the appeals court disagreed and reversed that ruling.
• Who do you agree with?
• West Palm Beach probate settlements are governed by basic contract law.
• If you are unsure about whether or not there has been a settlement talk to an experienced Palm Beach probate litigator today.

Want to learn more about settlement negotiations in West Palm Beach?

Check out the entire case by clicking here.

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