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Home Q&A Forum Can a Dispute Resolution Agreement be enforced if one of the parties did not sign it?


Dispute Resolution Agreement


Asked on Jun 20, 2024

Can a Dispute Resolution Agreement be enforced if one of the parties did not sign it?

I am currently involved in a dispute with a business partner regarding the dissolution of our partnership. We had previously entered into a Dispute Resolution Agreement which outlined the process for resolving any conflicts or disagreements. However, my partner never signed the agreement, although I did. I am wondering if the agreement can still be enforced, or if I will need to pursue alternative methods of dispute resolution.

1 Attorney answer




Answered 29 days ago

Merry A.

ContractsCounsel verified

Business Lawyer
Licensed in Washington
Free Consultation

Naturally, it's far more difficult to enforce an agreement if one or more parties failed to sign it. However, sometimes it's possible to claim that the parties had a verbal agreement and the terms of the verbal agreement can be enforced. Regardless of whether the parties have signed an agreement or not, you may want to recommend mediation. Often, each party puts out three names, and the parties agree on a mediator or mediation company, and agree (in writing is best) to split the costs, and to engage in mediation at least twice. Mediation can very often help parties resolve disputes, and enter into a dissolution agreement, for far less money and stress than any other means, such as binding arbitration or a judicial court proceeding. There are numerous mediation/arbitration companies in Washington - the most well-known is probably JAMS. Whomever you pick, be sure to check reviews/references, just as you would for any other company or employee you use for any endeavor. Some people use an attorney to assist in mediation. If we're talking about substantial amounts of money, I recommend using an attorney to help in mediation.

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