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The Colorado Court of Appeals cited the strong policy favoring dispute resolution over continued litigation in upholding a lower court's decision to enforce a mediated settlement agreement.
In Yaekle v. Andrews, No. 05CA1569, 2007 WL 609872 (Colo. Ct. App. Feb. 23, 2007), Yaekle and Andrews reached a basic settlement agreement when they mediated a business dispute.
The basic settlement agreement called for Andrews' attorney to prepare a formal settlement agreement. When Yaekle's attorney objected that language was missing from the formal settlement agreement, Andrew's attorney revised the agreement to include the missing language.
The Court held that the formal settlement agreement, as revised, was enforceable despite Yaekle's objection that only the basic settlement agreement was enforceable. In support of its holding, the Court noted that Yaekle did not object to the revised settlement agreement until the trial court denied his request for a continuance Moreover, as the Court noted, the formal settlement agreement was revised to include the exact language requested by Yaekle.
Finally, the Court pointed that its "decision [wa]s also supported by the strong policy favoring dispute resolution rather than continued litigation."
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