SF 1093

1st Engrossment - 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.  A mediated settlement agreement is not 
  1.11  binding unless: 
  1.12     (1) it contains a provision stating that it is binding and 
  1.13  a provision stating substantially that the parties were advised 
  1.14  in writing that (a) the mediator has no duty to protect their 
  1.15  interests or provide them with information about their legal 
  1.16  rights; (b) signing a mediated settlement agreement may 
  1.17  adversely affect their legal rights; and (c) they should consult 
  1.18  an attorney before signing a mediated settlement agreement if 
  1.19  they are uncertain of their rights; or 
  1.20     (2) the parties were otherwise advised of the conditions in 
  1.21  clause (1).