In Willingboro Mall v. 240/242 Franklin Avenue, 215 N.J. 242 (2013), a commercial dispute, our Supreme Court vastly changed the enforcement landscape of mediated settlement agreements under New Jersey’s Uniform Mediation Act (UMA-NJ), N.J.S.A. 2A: 23C-1, et seq., Evidence Rule 519, and Rule 1:40-4(i). See Minkowitz v. Israeli, No. A-2335-11T2, 2013 N.J.Super. LEXIS 144 *37, 38, 46 (App. Div. Sept. 25, 2013) (Willingboro Mall cited in Family Part opinion dealing with enforceability of mediated settlement agreements).

Factual and Procedural History

In 2005, Willingboro Mall agreed to sell property to 240/242 Franklin Avenue. In a separate indemnification agreement, Franklin Avenue agreed to pay certain township penalties and fines on the property. Six months after the parties signed the contract, Willingboro Mall filed a foreclosure complaint alleging that Franklin Avenue had defaulted on its obligations, a claim that Franklin Avenue denied.