Takeaways From NJ High Court's Willingboro Holding

Law360, New York (September 9, 2013, 12:54 PM EDT) -- “To be clear, going forward, a settlement that is reached at mediation but not reduced to a signed written agreement will not be enforceable.”

This was the New Jersey Supreme Court’s pronouncement in Willingboro Mall Ltd. v. 240/242 Franklin Avenue LLC, (N.J. Aug. 15, 2013). This statement by the state Supreme Court succinctly highlights certain practical difficulties with which parties, their attorneys and mediators have to contend in their efforts to reach a binding settlement during mediation.

When the underlying lawsuit was initiated in 2005, Willingboro...
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