The applicant brought a motion to enforce a family arbitration award arising from minutes of settlement reached during mediation, while the respondent moved to set aside the settlement and award.
The respondent alleged she lacked the capacity to understand the agreement due to medication and anxiety during the mediation.
The court held that the respondent failed to establish incapacity or that the applicant had knowledge or constructive notice of any incapacity at the time of settlement.
The psychological evidence did not establish that the respondent was incapable of understanding the proceedings.
The court therefore enforced the arbitration award and dismissed the motion to set aside the minutes of settlement.
