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Michael Curry, Attorney-Mediator
Mediation News
June 2004
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-- Settlement Agreement Properly Enforced
-- Local Rules -- Travis County Courts
-- Featured Site: Babel Fish Translation
-- Featured Site: Famous Trials -- Effective Negotiation Seminar -- Feedback
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Settlement Agreement Properly Enforced ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Ashmore .v
Smith, Tex. Civ. App. 3rd Dist. 5/27/04
This dispute between two neighbors concerning setbacks, property use, and water connections was settled at mediation with a "Rule 11 -- Mediated Settlement Agreement." Implementation of the agreement went poorly. After filing the agreement with the court, Smith filed a motion to enforce; Ashmore defended by arguing that Smith had breeched the agreement, entitling Ashmore to repudiate same. A hearing was held on the motion to enforce which culminated in a final judgment incorporating the terms of the settlement agreement. The Court held that the mediated settlement agreement was enforceable under Rule 11, notwithstanding Ashmore's subsequent withdrawal of consent because the judgment entered was not an agreed judgment but rather one which adjudicated the issue of whether or not the agreement was a binding contract. The Court noted that there are two ways to obtain a judgment enforcing a Rule 11 settlement agreement: (1) a motion for summary judgment, if there is no fact issue; and (2) a non-jury or jury trial, if there is a fact issue. The Court rejected Ashmore's argument that he was entitled to a jury trial on the issue of whether Smith committed a material breach because Ashmore did not request a jury trial but rather acquiesced in a trial before the court.
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Local Rules -- Travis County Courts ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Local Rules of Procedure and
Decorum for Travis County District Courts
Amended Pretrial Scheduling Order Local Rules of Procedure and Decorum for County Courts at Law
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Featured Site: Babel Fish Translation ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
This site automatically translates up to 150 words at
a time from one language to another. While it
doesn't have Pig Latin, most of the other major
languages are included. It is pretty amazing.
The Tower of Babel, by Pieter Bruegel (c. 1525-69) 1563. Kunsthistorisches Museum Wien, Vienna.
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Featured Site: Famous Trials ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
This interesting site provides primary and secondary
information, including transcript selections from
historically famous trials. Everything from the trial of
Galileo to Sacco and Vanzetti to the My Lai Courts
Martial to Rodney King.
Lt. William Calley -- My Lai Courts Martial (from website) |
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Effective Negotiation Seminar ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
CLE Online offers a seminar entitled "Effective
Negotiation and Mediation Advocacy." Includes audio.
This seminar is accredited for 2.0 hours of
participatory CLE credit by the MCLE Committees of
the State Bar of Texas and the State Bar of
California. (These are not self-study credits, but
rather 'participatory' credits as you would receive for
attending a traditional, live CLE seminar.)
When you get to the cleonline.com site, click on
Seminars.
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Feedback ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
I am committed to providing you with the best
service possible. I welcome your comments and
suggestions about any and every aspect of the
mediation experience.
To schedule a mediation, please contact me to
inquire about available dates. If I am in a mediation,
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as possible, usually the same day. I will be glad to
reserve an open date for you while you check with
the other parties. Try to contact me as far in
advance as possible, but never assume that a date
within the next two weeks is impossible, because
another mediation may have canceled.
Use the Forward email link below to send Mediation
News to anyone you think might have an interest in
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may unsubscribe below.
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Contact Information ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
email:
mcmediate@msn.com
phone:
512 474-5573
web:
http://mcmediate.com
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