Court statistics show that more than 95% of all civil cases are settled by the parties before trial. While many of those settlements occur at private mediation, or simply as a result of the agreement of the parties, court-ordered Mandatory Settlement Conferences (“MSCs”) play an important role in the resolution of disputes. When cases settle at MSCs, the general practice is for the parties to place the settlement on the record before the Court, so that the terms of the settlement can be confirmed and, perhaps more importantly, the settlement can be enforced by the Court pursuant to Code of Civil Procedure § 664.6 if one side backs out. The terms of the settlement, as recited on the record, typically define the scope of the parties’ settlement agreement. However, in certain circumstances, the failure to properly and fully document the settlement on the record can have devastating consequences to the client.

 

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