Day on Torts
OK, so it is a compromise and settlement of a divorce case. The fact remains that the law of compromise and settlement in Tennessee has been in disarray and the Tennessee Supreme Court has taken a step in the right direction to get it fixed.
In Barnes v. Barnes, No. W2004-01426-SC-R11-CV, ( Filed May 17, 2006) the TSC reversed an appellate court opinion which held that an MDA signed by the parties was not an enforceable agreement. The husband admitted executing the agreement but tried to back out of it two weeks after he signed it.
Read the opinion here.
This opinion re-affirms the need to reach confirm settlements at mediation in writing.