The parties signed Minutes of Settlement agreeing to appraise certain properties and to have a mediator arbitrate any equalization issues.
A dispute arose over the appraisal of one property, and the mediator issued an award stating he had the ultimate authority to determine its value, despite the parties not having executed a formal family arbitration agreement.
The husband appealed and applied to set aside the award.
The court held that while the mediator could not proceed without a formal arbitration agreement, his interpretation of his authority under the Minutes of Settlement was reasonable.
Applying the principle of good faith contractual performance, the court ordered the husband to execute the family arbitration agreement.
