Koval & Koval v. Simon Telelect, Inc., Et Al.

693 N.E.2d 1299 (1998)

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Nature of the Case

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Facts

A settlement agreement was reached at a mediation attended by persons who seemingly believed they represented all interested parties. One of those was an attorney representing both H&M and Liberty Mutual, who agreed to a settlement that compromised the interests of both the employer and the insurer. H&M had not authorized Liberty Mutual or the attorney to settle and later refused to agree to the settlement. The terms of the mediation required that each party be represented by a person with settlement authority. Although the terms of the mediation included a requirement that the parties sign any settlement in writing before they would be bound, the district court concluded that subsequent events could waive this provision. After a hearing on P's motion to enforce the settlement agreement, the court certified two questions to this Court.