Bill Summaries: H597 (2015-2016 Session)

Tracking:
  • Bill H 597 (2015-2016)
    Summary date: Jun 4 2015 - View summary

    AN ACT TO AMEND THE PROVISIONS REQUIRING MEDIATED SETTLEMENT AGREEMENTS TO BE SIGNED BY THE PARTIES AGAINST WHOM ENFORCEMENT IS SOUGHT. Enacted June 4, 2015. Effective July 1, 2015.
    Courts/Judiciary, Civil, Civil Law
    GS 7A, GS 8
  • Bill H 597 (2015-2016)
    Summary date: May 20 2015 - View summary

    Senate amendment makes the following changes to the 2nd edition.

    Amends GS 7A-38.3D(1), clarifying that agreements reached in mediation are enforceable only if they have been reduced to writing and signed by the parties against whom enforcement is sought.
    Courts/Judiciary, Civil, Civil Law
    GS 7A, GS 8
  • Bill H 597 (2015-2016)
    Summary date: Apr 29 2015 - View summary

    House committee substitute makes the following changes to the 1st edition.

    Amends each of the following statutes GS 7A-38.1, GS 7A-38.3B, GS 7A-38.3D, and GS 7A-38.4A, which govern mediated settlement conferences in superior court civil actions, mediation in matters within the jurisdiction of the clerk of superior court and the district criminal courts, and settlement procedures in district court actions, to provide mediated settlement agreements must be signed by the parties "against whom enforcement is sought." Also Amends GS 8-110, which makes statements made during mediation inadmissible in any proceeding in the action or other actions on the same claim, to provide mediated settlement agreements must be signed by the parties "against whom enforcement is sought."

    Previously required in each of the preceding statutes that the settlement agreement or some memorandum or note of the agreement be reduced to writing and signed by the party to be charged.

    Amends the act's long title.
    Courts/Judiciary, Civil, Civil Law
    GS 7A, GS 8
  • Bill H 597 (2015-2016)
    Summary date: Apr 7 2015 - View summary

    Amends GS 7A-38.1(l) (concerning mediated settlement conferences in superior court), GS 7A-38.3B(i) (concerning mediation in matters within the jurisdiction of the clerk of superior court), GS 7A-38.3D (concerning mediation in matters within the jurisdiction of the district criminal courts), GS 7A-38.4A(j) (concerning settlement procedures in district court actions), and GS 8-110(a) (concerning the inadmissibility of negotiations in regards to evidence) amending the requirements for the specified settlement agreements, now providing that no such agreement is enforceable unless the settlement agreement or some memorandum or note of the agreement has been reduced to writing and signed by the party to be charged (previously, specified the agreement had to be reduced to writing and signed by all parties). 

    Effective July 1, 2015, applying to agreements entered into on or after that date. 
    Courts/Judiciary, Civil, Civil Law
    GS 7A, GS 8

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