Mediation is a form of conflict resolution that allows two or more parties to come together and attempt to reach a mutual agreement outside of the courtroom. Mediation can be advantageous because it is often quicker and less expensive than going to trial. Additionally, mediation can allow for more creative solutions that may not be possible in a court of law.
Once a mediation agreement has been reached, it is important to adhere to its terms. However, there are cases where one or more parties may not follow through on their commitments. In this article, we will explore what happens if a mediation agreement is not followed.
First and foremost, the consequences for not following a mediation agreement can vary depending on the terms of the agreement and the severity of the breach. In some cases, the agreement may include language on what happens if one party fails to comply. It may outline specific consequences, such as paying damages or forfeiting certain rights.
If there is no language in the agreement outlining consequences for non-compliance, the parties may need to go back to mediation or seek legal action. Going back to mediation can be a good option if both parties are willing to work together to come up with a new solution. However, if one party is unwilling to cooperate, legal action may be necessary.
If legal action is pursued, the court will usually enforce the mediation agreement as if it were a contract. This means that the party who breached the agreement may be required to pay damages or fulfill their obligations as outlined in the agreement. In some cases, the court may also order specific performance, which requires the party to carry out their obligations under the agreement.
It is worth noting that the consequences for not following a mediation agreement can be severe. In addition to potential legal action, breach of contract can damage a party`s reputation and harm future business relationships. It is always best to comply with mediation agreements to avoid these consequences and maintain a positive relationship with the other party.
In conclusion, mediation can be a powerful tool for resolving disputes outside of court. However, it is important to adhere to the terms of the mediation agreement once it has been reached. If a party fails to comply with the agreement, there are several options available including going back to mediation or seeking legal action. It is always best to comply with mediation agreements to avoid damaging consequences and maintain positive relationships with the other party.