Lorain County Court of Common Pleas

Mediation Office

Summary of Agreement

Case Caption: Case Number:

Judge:Date of Mediation:

This Summary of Agreement is intended only to summarize the principal points of the agreement. Though not a comprehensive settlement agreement, the parties agree that the summary is sufficiently complete to constitute and does constitute an enforceable agreement of the parties. All parties and their attorneys acknowledge that this written agreement is not a privileged mediation communication. Any individual signing this document for a party represents that he/she has full authority to do so. The parties agree that the signature of an attorney or agent for the party shall be deemed the party’s signatures for the purpose of making this agreement enforceable within the exception to the privilege. Each party or if represented, then that party’s counsel, acknowledges receipt of a copy of this Summary of Agreement.

The mediator will use his/her best efforts to retain the original summary as a part of the mediation file for one year; thereafter it may be destroyed. The parties agree that if any dispute arises regarding the terms or performance of the agreement, the parties will return to mediate such disputes. If the Court requests the original Summary of Agreement for enforcement purposes, the parties agree that the Mediation Office may deliver this document to the Court. If for whatever reason this document cannot be delivered by the Mediation Office, then the parties agree that each of the copies received by them shall be deemed an original.

The parties acknowledge that the Mediator intends to invoke the Mediator’s privilege if ever called to testify regarding mediation communications or this Summary of Agreement. Except as noted in the previous paragraph, each party agrees that he/she/it will neither request nor subpoena the mediator’s notes, records, or any materials in the possession of the mediator for any purpose. Each party agrees that he/she/it will neither request nor subpoena the mediator to testify in any matter for any reason.

Payment of sums due:

Identify the party/parties to be paid

Identify the party/parties to pay sum

Check to be payable to

Amount to payDate Due and Payable

Interest to Apply: Yes: , BeginningDate: ; No:

Subrogated Interests/Unpaid Medical Bills:

Plaintiff shall pay subrogated interests/unpaid medical bills.

shall pay subrogated interests and unpaid medical bills.

Release of Claims

Each party asserting a claim against another party in the lawsuit, whether directly, or as a

counterclaim or as a cross-claim, releases such claims.

The following claim or party is NOT RELEASED

Case Caption: Case Number:

Summary of Agreement, Page 2

Dismissal of case

Entry to dismiss case with prejudice is to be filed immediately by the Mediation Office.

Entry to dismiss case with prejudice is to be filed within days.

Plaintiff shall file the dismissal entry within such time period.

Defendant shall file the dismissal entry within such time period.

Entry to dismiss the case without prejudice to be filed by

Entry to dismiss the case as to one party or claim, describe

Costs

Costs will be paid by Defendant(s). Costs will be paid by Plaintiff.

Costs will be paid by

Each party will bear his/her/its own costs.

Confidentiality

Unless the parties agree otherwise in writing, this Agreement is not confidential.

This Agreement is confidential as follows:

Other Principal Terms

List all other principal terms of the settlement specifically identifying the person and time to perform:

Plaintiff,Defendant

Defendant’s Agent,

Plaintiff

Plaintiff’s Attorney,Defendant’s Attorney,

Date:

Defendant,

Defendant’s Agent

Defendant’s Attorney