WILLING. MALL v. 240/242 FRANKLIN

A-62 September Term 2011, 069082

71 A.3d 888 (2013)

215 N.J. 242

WILLINGBORO MALL, LTD., a New Jersey Limited Partnership, Plaintiff-Appellant, v. 240/242 FRANKLIN AVENUE, L.L.C., a New York Limited Liability Company; Colonial Court Apartments, L.L.C., a Delaware Limited Liability Company; Festival Market At Willingboro, L.L.C., a New Jersey Limited Liability Company; Roy Ludwick; and Namik Marke, Defendants-Respondents.

Supreme Court of New Jersey.

Decided August 15, 2013.


Attorney(s) appearing for the Case

Glenn A. Weiner argued the cause for appellant ( Klehr Harrison Harvey Branzburg , attorneys; Mr. Weiner and Michael A. Iaconelli , of counsel and on the briefs).

Joseph P. Grimes , Cherry Hill, argued the cause for respondents (Grimes & Grimes attorneys).


Justice ALBIN delivered the opinion of the Court.

One of the main purposes of mediation is the expeditious resolution of disputes. Mediation will not always be successful, but it should not spawn more litigation. In this case, the parties engaged in protracted litigation over whether they had reached an oral settlement agreement in mediation. Instead of litigating the dispute that was sent to mediation, the mediation became the dispute.

Communications made...

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