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Patterson v. Knight 2017 UT App 22 (Feb. 2, 2017)

Feb 2, 2017

The parties’ handwritten settlement agreement after mediation stated that it was subject to drafting a final agreement that would include a non-disparagement provision and other terms.  One party sent the other a draft of a more formal agreement shortly after the mediation, and roughly a month later, the other party responded that they could not agree to the terms as drafted and that they were terminating the proposed mediation agreement.  The court of appeals affirmed enforcement of the settlement agreement, noting that the repudiating party could not rely on its own failure to follow through with reasonable efforts to craft the contemplated written agreement to defeat the condition of drafting a more formal agreement.