Settlement Enforced Thanks to Mediator Testimony
In New Jersey, the Superior Court Appellate Division recently approved for publication a decision in which a party to a mediation successfully sought to enforce a settlement agreement reached orally but not commited to writing during the mediation. The objecting party had claimed that (a) the New Jersey Rule pursuant to which the mediation took place required a writing in order for the settlement to be enforceable, and (b) the purported agreement was the product of coercion by the mediator.
Of particular interest, the party seeking enforcement “supported the motion with a certification of their attorney and the mediator,” who also was deposed and testified at the hearing.
Of even more particular interest, the parties in this General Equity action selected a retired (and unnamed) Superior Court Judge as mediator. The trial judge on the motion found his former colleague’s testimony “highly credible.” Imagine that!
