OPINION OF THE BOARD ON MOTION TO DISMISS

Respondent has filed a motion to dismiss this appeal, contending that in the course of Board-assisted mediation the dispute giving rise to the appeal was settled. Appellant opposes the motion, arguing that no agreement was reached.

On October 12, 2000, the parties asked the Board to assist in their settlement efforts by providing the services of a Board Member as a mediator. The parties agreed to and memorialized the process to be followed in the mediation in their Proposed Mediation Guidelines (“Guidelines”) that were accepted by the Board as the basis for the mediation.

The Guidelines provided that the mediation could be terminated by the parties’ reaching a settlement reflected in a writing that would be “signed by all parties.” (Guidelines ¶¶ 6a, 11a). In the Guidelines, the parties agreed, “No party shall be bound by anything said or done at the mediation unless a written statement, agreement or settlement is reached and executed.” (Guidelines ¶10).

Respondent contends that a handwritten document titled “Settlement Agreement – PSBCA No. 4511” and dated November 1, 2000, is a written agreement that terminates the mediation process and binds Appellant to its terms. However, Respondent has presented nothing beyond the unsworn representations of counsel in its motion to dismiss as to the nature of the document and the circumstances of its creation. The document is not sufficiently clear on its face for the Board to be able to give it the legal effect that Respondent argues it should have. Respondent has not presented evidence of the parties’ intent or evidence that the signatures are authentic and that those signing were authorized to bind the parties. Without this evidence, we cannot conclude that the claims underlying this appeal have been settled and that the appeal should be dismissed.

Accordingly, the motion is denied.

Norman D. Menegat

Administrative Judge

Board Member

I concur:

James A. Cohen

Administrative Judge

Chairman