How do Parties Challenge a Mediation Agreement?
Challenging the Settlement Agreement in Court
Written by J. Mance Gordon
Updated at April 21st, 2024
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Can Parties Challenge a Mediation?
Parties to mediation can challenge any agreement resulting from the mediation by bringing a legal action alleging fraud or impropriety in inducing their agreement to a settlement of the underlying dispute.
What is the process for Challenging the mediation agreement?
A successful mediation results in a negotiated settlement between the parties.
This is a formal contract that memorializes the agreed-upon resolution of the legal dispute.
Once the parties enter into this agreement, it takes the place of the underlying dispute.
The parties can no longer pursue litigation for the underlying dispute without breaching this contract.
If, after the settlement agreement is signed, the parties wish to dispute the agreement, they must bring a contract action in court attacking the validity of the agreement.
In this situation, however, the suing party is not suing regarding the underlying dispute but is arguing that the settlement agreement is not valid based upon some contract law principle.
If the party is successful in rescinding (doing away with) the mediation agreement, the parties would be free to litigate the underlying dispute or pursue other forms of ADR.
Related Topics
- Alternative Dispute Resolution (Intro)
- What is the Settlement of a Legal Dispute?
- Demand Letter
- What is Mediation?
- What are the advantages and disadvantages of Mediation?
- How Do Parties Initiate Mediation?
- What is the process for carrying out a mediation?
- What is the process for challenging a mediation agreement?
- What is Arbitration?
- What are the Advantages of Arbitration
- Initiating Arbitration Voluntary and Statutorily Mandated Arbitration?
- What is the procedure for carrying out an arbitration?
- Rules governing the arbitration Federal Arbitration Act
- What is the Judicial Review of Voluntary Arbitration?
- What is the Judicial Review of Mandatory Arbitration?
- What is Review under the Federal Arbitration Act?
- How are Arbitration Awards enforced?