Richard F.L. Rose

The applicant was injured in a motor vehicle accident and claimed accident benefits from the insurer.

The parties attended mediation and signed a settlement agreement.

The applicant later applied for arbitration, arguing the settlement was invalid due to a language barrier, lack of education, and emotional problems (non est factum).

The arbitrator found the applicant understood the mediation process, as the mediator translated discussions and documents, and the applicant had prior business experience.

The arbitrator concluded the claims were validly settled and dismissed the application for arbitration.

The arbitrator declined to award expenses to the applicant and declined to order an award against the applicant for a frivolous proceeding.