1. The Florida Homeowners’ Association Act requires mandatory mediation for certain disputes before filing a lawsuit.
2. Florida circuit courts typically require attempted mediation before a civil trial occurs.
3. Settlements reached at mediation must be in writing and signed by all parties and their counsel to be enforceable under Rule 1.730(b), Florida Rules of Civil Procedure.
4. The case of Parkland Condo. Ass’n, Inc. v. Henderson involved a dispute between a condominium association and a unit owner after a water leak caused property damage.
5. After court-ordered mediation, the parties exchanged several emails including terms and drafts of a proposed settlement agreement.
6. The plaintiff’s attorney sent a settlement agreement to the association’s attorney, which was accepted by email, but the association later refused to sign it.
7. The plaintiff filed a motion for the court to enforce the settlement agreement, which was denied by the trial court and appealed by the plaintiff. 1. Settlements are highly favored in Florida and will be enforced whenever possible.
2. Binding contracts are formed when parties indicate mutual assent to essential terms, and signatures are not always required.
3. A settlement reached after mediation must be reduced to writing and signed by the parties and their counsel to be enforceable under Florida Rule of Civil Procedure 1.730(b). 1. A settlement agreement reached in connection with mediation, and even after mediation if there was no impasse declared by the mediator, must be in writing and signed by all parties and their counsel to be enforceable under Florida Rule of Civil Procedure 1.730(b).
2. Leaving a mediation with a settlement agreement agreed in principal, or with a settlement documented by email agreement of the parties, with the idea that the formal settlement agreement can be prepared and signed the next day or thereafter may result in the settlement not being enforceable under Rule 1.730(b).
3. It is advisable for the parties, their counsel, and the mediator to ensure that a simple written agreement with all of the essential terms is signed by all parties and their counsel before leaving the mediation to ensure the agreement reached at mediation will be enforceable. – Mediation may not result in a settlement.
– Parties should ask the mediator to declare an impasse if no settlement is reached.
– Once an impasse is declared, future settlement discussions will not be part of the mediation process and certain requirements will not apply.
https://www.jimersonfirm.com/blog/2023/04/importance-of-signing-mediation-settlement-agreements-in-florida-recent-case-highlights-and-key-takeaways/
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