P1109 To satisfy the "words to that effect" provision of Evidence Code section 1123 which makes a written settlement agreement prepared in mediation admissible in other proceedings if it provides that it is enforceable, or binding, or words to that effect the writing must directly express the parties' agreement to be bound by the document they sign, without reference to extrinsic evidence, and the inclusion in a memorandum titled "Settlement Terms" of a phrase stating that disputes are subject to JAMS rules is not sufficient.

FAIR v BAKHTIARI (JAMS Rules) 40 C4 189 [See: CCP 1281.2; EvC 1119, 1123; Condee v Longwood 88 CA4 215, P/AT 5/01; Fair v Bakhtiari (RevGrtd) 122 CA4 1457, P/AT 11/04]