Enforceable mediated settlement agreements in the COVID-19 Era
Mediations, like so many things in the world right now, are being conducted via Zoom and other web-based platforms. A recent Court of Appeals decision should give pause to anyone participating in a mediation conducted remotely. The decision in Mitchell v. Boswell deals with whether a settlement agreement signed on behalf of a party by that party’s attorney, is enforceable. The Court of Appeals concluded, based upon the language of N.C. Gen. Stat. § 7A-38.1(1), that such a settlement agreement is not enforceable.