June 16, 2014 Articles

Sign On the Dotted Line!

By Hon. Nancy Holtz

"One of the main purposes of mediation is the expeditious resolution of disputes. Mediation will not always be successful, but it should not spawn more litigation . . . ."

So said the New Jersey Supreme Court in the case of Willingboro Mall LTD v. 240/242 Franklin Avenue, LLC, 35 A.3d 680 (2012),as it considered a mediation which itself became the controversy. Five depositions, a four-day evidentiary hearing, and two appeals later, the high court set forth a new rule in New Jersey requiring that, to be enforceable, an agreement reached at mediation must be in writing.

Premium Content For:
  • Litigation Section
Join - Now