Enforcement of Mediation Settlement After Termination of

Mediation.

(a)Any party to a mediation settlement agreement as described in §§ COL412014 CH. 43A GUAM MEDIATION 43A301(c) and 43A302(b) above, may enforce that mediation settlement agreement at the Superior Court of Guam by filing a motion for summary judgment without filing a complaint, by serving the other party or parties to that mediation settlement agreement with:

(1)a summons,

(2)a copy of the signed mediation settlement agreement, and

(3)a notice of motion for summary judgment and the supporting papers.

(b)The summons served under Subsection

(a)

(1)of this Section shall require the defendant to submit answering papers on the motion within the time provided in the notice of motion. The minimum time such motion shall be noticed to be heard is thirty days after service. If the plaintiff sets the hearing date of the motion later than thirty days, the plaintiff may require the defendant to serve a copy of defendant’s answering papers upon the plaintiff within such extended period of time, not exceeding ten days, prior to such hearing date.

(c)No default judgment may be entered pursuant to Guam Rule of Civil Procedure 55(a) prior to the hearing date of the motion. If the motion is denied, the moving and answering papers shall be deemed the complaint and answer, respectively, unless the court orders otherwise.

(d)Both the summons and the motion for summary judgment referred to in Subsections

(a)

(1)and

(3)must be created in accordance with the applicable Guam Rules of Civil Procedure.

(e)The purpose of this Section is to encourage mediation and to expedite the enforcement of mediated settlement agreements by allowing a party or parties to move for summary judgment in lieu of filing a complaint.

(f)Nothing in this Section should be interpreted to restrict the rights of the parties to enforce the mediation settlement agreement in any way or other manner permitted under the laws of Guam. ---------ARTICLE 5 MEDIATOR AND MISCELLANEOUS PROVISIONS