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Mediation & arbitration Section Chairs : GeraldT . Albrecht – AlbrechtMediation & AmberBoles – BolesLawOffice
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In The Parkland Condominium Association , Inc . v . Ruth Henderson , 46 Fla . L . Weekly D2350c ( November 16 , 2022 ), the Second District Court of Appeal addressed the issue of whether a party could enforce a settlement agreement that arose from a mediation when neither party signed the mediation settlement agreement .
Henderson sued her condominium association for damage to her unit caused by a water leak . The parties proceeded to court-ordered mediation . After the mediation , the attorneys exchanged several e-mails that included terms and drafts of the proposed settlement agreement . Henderson ’ s attorney e-mailed Parkland a proposed settlement agreement that included all the “ essential terms .” Parkland ’ s attorney accepted the settlement agreement noting that his client had “ agreed to the documents as drafted .”
There was a subsequent breakdown in communications , and Parkland moved to enforce the settlement . The problem was that neither party signed a mediation settlement agreement .
Florida Rule of Civil Procedure 1.730 ( b ), regarding mediation , expressly provides : “ If a partial or final agreement is reached , it shall be reduced to writing and signed by the parties and their counsel , if any .” The court ruled that a
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