In re the Marriage of: Thomas Erle Tornstrom v. Jennifer Lynn Tornstrom, n/k/a Jennifer Lynn Klemenhagen
2016 Minn. App. LEXIS 79
Minn. Ct. App.2016Background
- Husband petitioned for dissolution; parties had two minor children and temporary orders in place including custody evaluation recommending husband sole custody.
- After an eight-hour mediation with counsel present, parties reached a global settlement; the mediator tape-recorded the parties orally confirming terms and their intent to be bound.
- Agreement terms: husband sole legal and physical custody; specified parenting time for wife; no child support from wife to husband; no spousal maintenance either way; property division including wife keeping her 403(b) and part of husband’s 401(k), husband keeping homestead and paying a property settlement; each pays own attorney fees.
- Mediator emailed a written summary to counsel and husband’s attorney drafted a stipulation incorporating the mediated terms; wife refused to sign the stipulation and later repudiated the agreement.
- District court found a fully mediated settlement under Minn. Stat. § 518.619, subd. 7, admitted the mediator’s summary and the draft stipulation, placed the agreement on the record over wife’s objection, incorporated it into the dissolution judgment, and ordered enforcement.
Issues
| Issue | Wife's Argument | Husband's Argument | Held |
|---|---|---|---|
| Whether district court erred by enforcing a mediated settlement that was repudiated before being reduced to a signed MTA | Settlement unenforceable because it wasn't reduced to a signed marital-termination agreement before court submission | Parties orally recorded assent and consented to submission under § 518.619; wife’s later repudiation does not negate the recorded agreement | No error — oral recorded agreement + counsel present satisfied consent; court may adopt and enforce the settlement |
| Whether the mediated settlement constituted an enforceable contract | No meeting of the minds; wife lacked unequivocal assent and felt pressured | Recorded statements, counsel participation, drafting and reliance show meeting of the minds and consideration | No error — court found objective meeting of the minds and sufficient consideration |
Key Cases Cited
- Goldman v. Greenwood, 748 N.W.2d 279 (Minn. 2008) (standard for reviewing district court findings)
- Jallen v. Agre, 119 N.W.2d 739 (Minn. 1963) (settlement requires meeting of the minds on essential terms)
- Tomscak v. Tomscak, 352 N.W.2d 464 (Minn. App. 1984) (stipulations treated as binding contracts)
- Rettke, 696 N.W.2d 846 (Minn. App. 2005) (distinguishable precedent on enforceability where mediated terms changed and party died)
- Schmidt v. Smith, 216 N.W.2d 669 (Minn. 1974) (public policy favoring settlement of disputes)