Addition To Settlement Agreement

[gogo589]

What is the name of your state (only U.S. law)? California. I have a lawsuit against my former employer. We decided to go to mediation. At mediation, we had a verbal agreement and the details were spelled out in front of the judge who was mediating. After the settlement draft was completed, they decided they wanted to add a confidentiality agreement, which was never discussed during mediation. My question is this, can they add something to the settlement agreement after we had a verbal agreement in front of the judge? If they can, could we turn around and say we would like more money?What is the name of your state (only U.S. law)?

[sandyclaus]

Originally Posted by gogo589

What is the name of your state (only U.S. law)? California. I have a lawsuit against my former employer. We decided to go to mediation. At mediation, we had a verbal agreement and the details were spelled out in front of the judge who was mediating. After the settlement draft was completed, they decided they wanted to add a confidentiality agreement, which was never discussed during mediation. My question is this, can they add something to the settlement agreement after we had a verbal agreement in front of the judge? If they can, could we turn around and say we would like more money?What is the name of your state (only U.S. law)?

Did you and your employer come to an agreement? Was the settlement you came up a draft, or did you sign a final settlement?

[gogo589]

Hey sandyclaus, my former employer an I came to a verbal settlement agreement at mediation. We both explained the terms of settlement in front of the judge and judges assistant who was taking detailed notes of the settlement. Nothing has been signed yet. We sent them a draft based on what we both agreed apon in mediation. Now they are trying to add a confidentiality agreement. Can they do that, and if so, can we ask for more money? Does that answer your questions?

[sandyclaus]

It does.

If the settlement agreement has not yet been finalized and signed, either side may choose to add or amend the existing draft.

The agreement is only final and enforceable once signed and entered into the court records.

[gogo589]

Thank you so much sandyclaus. I kinda thought that might be the case, but didn't know for sure. Sounds logical though. This tells me exactly what I need to know. Thanks again.