Arbitration & Mediation

Client Must Sign Mediation Settlement Agreement (4th DCA Overlooks On Point 3rd DCA Opinion)

By Christopher B. Hopkins, Esq.

For a mediation settlement agreement to be enforced by a court, Florida Rule of Civil Procedure 1.730(b) requires it to be "reduced to writing and signed by the parties and counsel, if any." Few court documents require attorney and part signature -- remember this one as the exception.

The case of Michael Dean v. Rutherford Mulhall, P.A. (Polen, Warner and Kaplan) raises the question of enforceability of an unsigned mediation settlement agreement which was essentially already answered a year ago by the Third District's opinion in Mastec, Inc. v. Rolando Cue.

In the Dean case, a dispute arose over attorney's fees and a formal mediation was adjourned with the mediator reporting to the court that the parties were trying to work it out. Later, the plaintiff/firm filed for judgment based upon a mediation settlement agreement signed by defendant's counsel but not the actual party. Judgment was granted and an appeal resulted. Technical appellate issues about the record were used to goal-tend the judgment but did not survive.

Bottom line, the analysis in this case appears the same as in the Mastec case.

Lesson: mediators and lawyers need to know that the rule requires the parties to walk out of mediation with a settlement signed by parties and lawyers.

Full post as published by Florida Arbitration Law on October 26, 2009 (boomark / email).