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When Mediating in Colorado, Sign a Settlement Memorandum During the Mediation

When Mediating in Colorado, Sign a Settlement Memorandum During the Mediation

In Tuscany Custom Homes, LLC v. John B. Westover, et al., No. 2020CA1724, the Colorado Court of Appeals held that post-mediation communications from a mediator memorializing the parties’ agreement reached during mediation (but not executed by the parties) and an unsigned settlement agreement formalizing those settlement terms were “mediation communications” under Colorado’s dispute resolution statute (C.R.S. § 13-22-302(2.5) & -307) and thus inadmissible evidence of a settlement agreement.

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