Clients and lawyers often ask whether a settlement is enforceable if not signed by both parties. The Florida Third District Court of Appeal recently considered the issue of whether an agreement signed by only one party was enforceable.  See Adonel v. Furshman, 2026 WL 1810899 (Fla. 3rd DCA 2026) (not yet released for publication so subject to revision or withdrawal). The court found a valid enforceable agreement existed between the parties even though only signed by one based upon “an objective manifestation by both parties of an assent to the same terms”. Id. at 2. Caveat, in the context of mediation, a different result would be reached.  Florida law requires that, if an agreement is reached at mediation, it must be reduced to writing and signed by each party or their representative with full authority to settle. See Rule 1.730(b), Florida Rules of Civil Procedure.

 

Rod B. Neuman, Esquire is a Florida Supreme Court Certified Circuit Court Mediator and bases these observations upon his experiences mediating cases throughout the State of Florida.