The applicant was injured in a motor vehicle accident and received statutory accident benefits from the insurer until they were terminated.
The parties attended mediation, where the insurer claimed a settlement was reached, but the applicant later denied it and sought arbitration.
The arbitrator found that the applicant, represented by counsel, had fully understood and agreed to the settlement terms at mediation.
The arbitrator concluded that the applicant was merely having second thoughts and held that a binding settlement had been reached, precluding the applicant from proceeding to arbitration.