Winegeart v. Winegeart

910 N.W.2d 906 (2018)

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Nature of the Case

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Facts

H and W were married and divorced and then married for the second time in 2012. They owned a home where they resided with their three children: B.C., K.L., and J.C. On October 4, 2016, H filed for divorce. W subsequently obtained a protection order against H, and both parties vacated the home. H moved to Texas. The circuit court ordered the parties to undergo mediation. After the session, H signed an agreement with a real estate agent to list the jointly owned real estate. The listing agreement included a commission for the realtor. A third party signed an agreement to purchase the property for $330,000. W refused to sign the purchase agreement, asserting that during mediation, H had orally agreed to sell the property without paying for a realtor. H filed a motion asking the court to order W to sign the purchase agreement. Over the objection of H's attorney, the mediator testified that it was his 'understanding . . . that there were no Realtor commissions to be paid, that this was going to be a private sale.' The court found that the parties had not entered into an enforceable oral agreement in regard to realtor fees. The court ordered W to sign the purchase agreement. W appealed. W asserts that the parties entered into an enforceable oral agreement during mediation and that the court abused its discretion in refusing to enforce' that agreement. H argues in part that communications occurring in the course of mediation are confidential and cannot be used to prove the existence of an agreement. W also signed a confidentiality agreement that prevents relying on those communications.