Settlement Reached at Mediation is Binding Despite the Absence of “Important” Terms

On April 11, 2011, the U.S. Court of Appeals for the 9th Circuit handed down its decision concerning whether the Winklevoss brothers were bound by an agreement entered into at the conclusion of a mediation to settle their dispute with Facebook and Mark Zuckerberg (Facebook v. Connectu, Inc.,  Slip Op. No. 08-16873). The case is significant not only for its notoriety, but for the proposition that a post-mediation settlement agreement intended by the parties to be binding and enforceable will be upheld even though the document executed by the parties did not contain all “important” terms of the settlement, where the parties anticipated executing more comprehensive transaction documents. The Court further held that because the Settlement Agreement granted “all parties” “mutual releases as broad as possible” with “no further claims against Facebook and its related parties”, the Winklevoss brothers could not succeed in their argument that the settlement should not be binding on the ground that Facebook had violated U.S. securities laws.

Facebook v. Connectu, Inc.,