Although not a family law case, the decision summarized below has significant implications for many people going through a divorce. Mediation has increase in popularity and can be effective in the right situation. This case illustrates the need to reduce any mediated settlement agreement to writing for it to be binding.
Mediation Agreements Must Be in Writing To Be Enforceable
Mediation agreements will not be enforced unless the terms are put in writing and signed by the parties before the mediation comes to a close, the state Supreme Court says. Where the terms are too complex to be drafted that same day, the mediation should be continued for “a brief but reasonable period of time to allow for the signing of the settlement.” Mediation should help resolve disputes expeditiously, “not spawn more litigation,” the court held on Thursday in Willingboro Mall LTD v. 240/242 Franklin Ave LLC.
