The Supreme Court announced today that it has granted certification in Willingboro Mall, Ltd. v. 240/242 Franklin Avenue, LLC, 421 N.J. Super. 445 (App. Div. 2011). The decision of the Appellate Division is discussed here. The question in the case, as stated by the Clerk’s Office, is “Is an oral settlement agreement reached during non-binding mediation but not reduced to writing until after the mediation concluded enforceable under the circumstances presented?”
A key to the case may be the Court’s interpretation of Rule 1:40-4(i), which requires any settlement agreement reached at a mediation to “be reduced to a writing and a copy [to] be furnished to each party.” The Appellate Division held that the Rule does not say that the reduction to writing must occur at the mediation. Now the Supreme Court will have the final say on that.