The appellant appealed a decision finding that an oral agreement to settle an action, reached during mandatory mediation, was enforceable.
The appellant argued that because the agreement was not reduced to writing and signed as contemplated by Rule 24.1.15(3), it was unenforceable, and that mediation confidentiality precluded its enforcement.
The Court of Appeal dismissed the appeal, holding that the parties had agreed formal minutes were not required, the appellant had confirmed his agreement, and evidence of what occurred at mediation may be considered when the enforceability of a settlement is in issue.
