HF 1122

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to civil mediation; providing for the effect 
  1.3             of a mediated settlement agreement; amending Minnesota 
  1.4             Statutes 1998, section 572.35, subdivision 1. 
  1.5   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.6      Section 1.  Minnesota Statutes 1998, section 572.35, 
  1.7   subdivision 1, is amended to read: 
  1.8      Subdivision 1.  [GENERAL.] The effect of a mediated 
  1.9   settlement agreement shall be determined under principles of law 
  1.10  applicable to contract.  Unless all parties to the mediated 
  1.11  settlement agreement are represented by counsel, a mediated 
  1.12  settlement agreement is not binding unless it contains a 
  1.13  provision stating that it is binding and a provision stating 
  1.14  substantially that the parties were advised in writing that (a) 
  1.15  the mediator has no duty to protect their interests or provide 
  1.16  them with information about their legal rights; (b) signing a 
  1.17  mediated settlement agreement may adversely affect their legal 
  1.18  rights; and (c) they should consult an attorney before signing a 
  1.19  mediated settlement agreement if they are uncertain of their 
  1.20  rights.