When parties come together to resolve their disputes through mediation, they often do so with the intention of reaching a mutually acceptable resolution without the need for court . Mediation agreements signify the culmination of negotiation and collaboration, offering closure and the way forward from dispute and disagreement.. But what happens if circumstances change dramatically, or if one party feels the outcome is unjust?
Binding Nature of Mediation Agreements
The Legal Weight of Mediated Settlements
The Just Divorce Mediation team offer mediation agreements, upon being signed by the disputing parties, typically take on a binding nature, which means they can be enforceable by law. These agreements are the result of each party making concessions, and the expectation is that both sides will uphold their end of the deal.
Exceptions to the Rule
While the general rule is that Just Divorce Mediation agreements are binding, there can be exceptional circumstances where an agreement might be broken or challenged. Such instances might include evidence of fraud, duress, or a fundamental misunderstanding of the facts at the time of agreement.
Potential Consequences of Breaking a Mediation Agreement
Impact on Relationships
The breakdown of a mediation agreement could also have a significant effect on personal or business relationships. This is especially true in cases of family mediation, where ongoing relationships and co-parenting responsibilities are factors to consider.
How to Address Changes After Agreement
Seeking Modification Legally
In cases where circumstances have changed, it might be possible to legally modify the original agreement. This, however, typically requires the consent of both parties or a substantial change in circumstances that was not anticipated at the time of the mediation.
Role of Mediation Professionals
Professionals from Just Divorce Mediation can facilitate the discussion around changing terms in a mediation agreement. They can provide a neutral space for parties to renegotiate the terms of their agreement in good faith.
The Integrity of Mediation Agreements
Viable Agreements as the Foundation for Resolution
Just Divorce Mediation Mediation agreements are meant to provide reliability and closure. While under certain circumstances they can be challenged or altered, the integrity of the mediation process relies on the respect and enforcement of such agreements.
