(1) If the parties involved in a dispute reach a full or partial agreement, the agreement upon request of the parties shall be reduced to writing and approved by the parties and their attorneys, if any. If reduced to writing and signed by the parties, the agreement may be presented to the court by any party or their attorneys, if any, as a stipulation and, if approved by the court, shall be enforceable as an order of the court.
(2) (Deleted by amendment, L. 91, p. 371, § 5, effective July 1, 1991.)
Source: L. 83: Entire part added, p. 626, § 1, effective July 1. L. 88: Entire section amended, p. 606, § 5, effective July 1. L. 91: Entire section amended, p. 371, § 5, effective July 1.
ANNOTATION
Oral agreement not enforceable as an order of the court. Alleged oral settlement agreement entered into during private mediation was not enforceable by a court under this section. Nat'l Union Fire Ins. Co. v. Price, 78 P.3d 1138 (Colo. App. 2003).
This section does not control in the context of an agreement to modify parenting time. Because § 14-10-129 allows the trial court to modify parenting time whenever doing so would be in the child's best interests, the court did not abuse its discretion in adopting the agreement and modifying the parenting time accordingly despite the fact that the agreement was not reduced to writing or signed. In re Barker, 251 P.3d 591 (Colo. App. 2010).
This section specifies the requirements for an agreement to become an order of court. This section does not limit the ways by which the parties may form a binding agreement; but § 13-22-307 limits the admissibility of some evidence of such an agreement. Yaekle v. Andrews, 195 P.3d 1101 (Colo. 2008).