Brooks v. Brooks: Family Law Mediated Settlement Can Be Set Aside

In the case of Gary Brooks vs. Dana Brooks, the parties entered into a mediated settlement agreement but later agreed to set it aside by Rule 11 Agreement and proceed to trial.

Background Facts

Appellant Gary Dean Brooks and appellee Dana Ledon Brooks were married for over thirty years. On March 6, 2003, Dana filed for divorce; Gary answered and counterpetitioned for divorce on March 12, 2003. On May 20, 2004, Dana and Gary entered into a mediated settlement agreement (MSA) dividing their property in accordance with section 6.602 of the Texas Family Code. The MSA was filed in the court record. Both parties and their attorneys signed the agreement. Over a year later, on November 15, 2005, Dana's and Gary's attorneys, but not Dana and Gary, signed a letter, which they also filed in the court record, stating, Pursuant to our conversation today it is agreed that the mediated settlement agreement dated May 20, 2004 is void and this matter will be mediated again at a time mutually agreed upon by the parties and attorneys. The parties subsequently tried the case on December 18, 2006, over a year later.

Issue

Whether a party to a mediated settlement agreement meeting the requirements of family code section 6.602 is estopped from enforcing the agreement after he has agreed to set it aside and go to trial. Tex. Fam. Code Ann. ' 6.602 (Vernon 2006).

Supreme Court Opinion

Generally, Texas has a public policy of encouraging the peaceful resolution of disputes, particularly those involving the parent-child relationship, and the early settlement of pending litigation through voluntary settlement procedures. Tex. Civ. Prac. & Rem. Code Ann. § 154.002 (Vernon 2005); Boyd v. Boyd, 67 S.W.3d 398, 402 (Tex. App.- Fort Worth 2002, no pet.). Trial and appellate courts are charged with the responsibility of carrying out this public policy. Tex. Civ. Prac. & Rem. Code Ann. § 152.003 (Vernon 2005); Boyd, 67 S.W.3d at 402; Adams v. Petrade Int'l, Inc., 754 S.W.2d 696, 715 (Tex. App.-Houston [1st Dist.] 1988, writ denied) (op. on reh'g). The Texas Family Code also furthers this policy by providing that a mediated settlement agreement is binding on the parties if the agreement(1) provides, in a prominently displayed statement that is in boldfaced type or capital letters or underlined, that the agreement is not subject to revocation;(2) is signed by each party to the agreement; and(3) is signed by the party's attorney, if any, who is present at the time the agreement is signed.

In this case however, the high court ruled that the appellant was estopped from enforcing the mediated settlement agreement because of its actions in agreeing to set it aside and proceed with trial.