Friday, January 11, 2008

'Memoralizing Settlements Reached by Way of Alternative Dispute Resolution' 2008 WI 2

On February 16, 2005, Attorney Donald Leo Bach filed a petition seeking to amend Wis. Stat. § 807.05 and to create Wis. Stat. § 802.12(5), relating to memorializing settlements reached by way of alternative dispute resolution. A public hearing was conducted on this petition on October 25, 2005. At the court's request, an amended petition was filed on January 26, 2006. ...

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At the ensuing open administrative conference, the court ascertained that the concerns of all interested parties could be addressed by inclusion of comments to the relevant statutes, §§ 802.12 and 807.05...

IT IS ORDERED that the following comment shall be published with Wis. Stat. § 802.12:
See s. 807.05, formal requirements to render binding agreements reached in an action or special proceeding. In some cases, such as family law cases, court approval is required for an agreement to be effective.

IT IS FURTHER ORDERED that the following comment shall be published with Wis. Stat. § 807.05:
This section also applies to agreements, stipulations, and consents reached as a result of alternative dispute methods outlined in s. 802.12. In some cases, such as family law cases, court approval is required for an agreement to be effective.

'In the matter of the Creation of Wis. Stat. sec. 802.12(5) relating to Memoralizing Settlements Reached by Way of Alternative Dispute Resolution' (05-05)