In Gold Tree Spa, Inc. v. PD Nail Corp., decided on March 28, 2023, the Appellate Division held that the failure of the parties to execute a written agreement before the conclusion of a voluntary mediation precluded its enforcement under the state Supreme Court’s holding in Willingboro Mall Ltd v. 240-242 Franklin Ave. LLC, 215 NJ 242 (2013).
The dispute related to the sale of two nail salons and the alleged breach of contract and a purchase agreement. The parties entered into an agreement to mediate before litigation. The mediator drafted a settlement agreement but plaintiff decided not to sign it. Defendant moved to enforce the settlement subject to certain contingencies, but the trial court, affirmed by the Appellate Division, held that the agreement was never finalized, as required by Willingboro, and that there was no meeting of the minds.
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