The Delaware Court of Chancery, in Glenn Starkman, et al. v. Christopher O’Rourke and Soteria, LLC, C.A. No. 2018-0901-KSJM, order (Del. Ch. Jan. 14, 2020), found that Term Sheet entered in connection with mediation by a member of the Court under Ct. Ch. R. 174 contained all material terms and was binding on the parties — and that Rule 174 precluded reliance on evidence of statements made during the mediation as parol evidence.
NEW: Morris James discusses the decision in Chancery Denies Attempt to Use Mediation Communications to Supplement Mediation Term Sheet.
Francis Pileggi discusses the decision in Chancery Enforces Post-Mediation Term Sheet.