A settlement agreement reached at mediation that is inconsistent with the continuation of pre-existing causes of action will be construed as an accord and satisfaction discharging those causes of action, even in the absence of an express release clause. The supposed preference for construing compromise agreements as extinguishing causes of action only upon performance is limited to creditor-debtor concessions and does not apply to settlements of competing claims between parties. A party to a binding settlement agreement cannot prevent it having legal effect by simply refusing to perform.
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