Scott Hefner of Butler Weihmuller Katz Craig LLP offers his assessment of the North Carolina Court of Appeals decision in Mitchell v. Boswell, No. COA19-1077 (N.C. Ct. App. Nov. 3, 2020, in which the court determined that a memorandum of settlement signed by the parties’ attorneys following an ostensibly successful virtual mediation did not serve to satisfy the statute of frauds.
In this article published in JD Supra, Attorney Hefner explains that “[t]he Mitchell opinion serves as a cautionary tale during this time when most mediations are remote. Counsel must make arrangements with their clients and opposing counsel to ensure that all parties have the capability to print, sign, and return an executed copy of the agreement to ensure its enforceability. To facilitate execution, the parties should consider adding provisions to the agreement that allow it to be signed in counterpart or electronically and permitting electronic or facsimile copies to be deemed originals.”