frustrated

[nomonojust]

What is the name of your state (only U.S. law)? FL
I went to mediation to try to settle a lengthy bitter case going to trial. A settlement agreement was reached and signed at mediation by both sides. The other side now decides he is going to rescind the agreement. My question is: Can he do this? What happens now?

 

[Hot Topic]

What does your lawyer say?

 

[nomonojust]

lawyer says just go to hearing to enforce agreement. Of course this means paying more money to the lawyer to do this. We plan on doing this but what if the other party still will rescind? Do we have any other recourse? If agreement is supposed to be binding, what does that really mean if the other party does not follow through?

 

[Dandy Don]

Why was arbitration done: because he wanted to keep the matter out of court? That is the problem with arbitration--there is no legal authority to enforce what happens there. Is there a penalty for him in the arbitration agreement if he doesn't pay on time or violates the terms?

How much money are you due and under what circumstances/reasons are you owed the money? Talk to a debt collection attorney about how you should go about collecting this money (or buy a book on the subject from NOLO PRESS--How To Collect Small Claims Judgments although I understand that technically this is not what you have--it will just give you some ideas on how to collect).

You may need to go to an official court to get a judgment which you would then be able to legally collect on and that he could not get out of.

DANDY DON IN OKLAHOMA ([email protected])

 

[las365]

Why was arbitration done: because he wanted to keep the matter out of court? That is the problem with arbitration--there is no legal authority to enforce what happens there. Is there a penalty for him in the arbitration agreement if he doesn't pay on time or violates the terms?

How much money are you due and under what circumstances/reasons are you owed the money? Talk to a debt collection attorney about how you should go about collecting this money (or buy a book on the subject from NOLO PRESS--How To Collect Small Claims Judgments although I understand that technically this is not what you have--it will just give you some ideas on how to collect).

Mediation and arbitration are two different things. An Arbitrator acts as a private judge and his or her decision is binding on the parties and enforceable.

A mediation is an informal settlement conference and no decision is made by the mediator. A settlement agreement reached by the parties in mediation (or outside of mediation) is generally enforceable (there may be exceptions) but one goes to Court to attempt to enforce it.

The OP is represented by an attorney and it does not sound as if his case is in small claims court.