Toal

A dispute arose between plaintiffs Adam and Joy Toal and defendants Valere A. and Helen Tardif. Each couple’s attorney signed a stipulation to resolve the dispute through private arbitration. Although the parties themselves did not sign the stipulation, the document stated the attorneys’ signatures were “for” their clients.

Arbitration ensued. The arbitrator entered an award in plaintiffs’ favor. Plaintiffs petitioned the court for confirmation of the arbitration award. They attached a copy of the arbitration stipulation to their petition, but presented no evidence that defendants had consented to or ratified the stipulation. The court granted plaintiffs’ petition to confirm the award and entered judgment accordingly.

Defendants challenge the judgment confirming the arbitration award. Plaintiffs cross-appeal, contending the court erred in denying them an award of postarbitration attorney fees.

We .reverse the judgment because plaintiffs failed to prove a basic prerequisite of private arbitration, i.e., the existence of a valid arbitration agreement. The signature of defendants’ attorney on the arbitration stipulation, standing alone, did not constitute substantial…