Build better agreements with 'consent to judgment'
By AdvocateDaily.com Staff
One of the best ways to ensure mediation agreements are followed is to build in provisions that require performance by one party, Toronto-area personal injury lawyer Darryl Singer tells the Law Times.
The agreement would detail how payments are made, either monthly or as a lump sum, says Singer, principal of Singer Barristers Professional Corporation.
“Typically, the most common method, in my experience, is you build in what’s called a consent to judgment,” Singer tells the legal newspaper.
“So I will essentially have a judgment prepared that will be consented to by counsel for the other party and it’s written into the minutes of the settlement that I don’t issue that judgment, I don’t file and issue that judgment at the court, I hold it in escrow.
“But if there is a default in the performance of the settlement terms, then I’m at liberty to go and flop that judgment down on the counter at the courthouse and get it sealed and then I can enforce it the same way I can any other judgment," he says.