What happens if there is an agreement in mediation but one of the parties does not comply?
If the parties reach an agreement in mediation, the agreement will become a binding contract once it is signed and submitted to the court. However, if one of the parties does not comply with the terms of the agreement, the other party may take legal action. If the non-complying party fails to fulfill their obligations, the other party can file a motion with the court for the performance of the agreement. The court may then require the non-complying party to comply with the terms of the agreement or may issue a court order for the non-complying party to pay damages to the other party. Additionally, the court may issue an injunctive order, which requires the non-complying party to do something or refrain from doing something in order to fulfill the terms of the agreement. In Arizona, failure to comply with the terms of an agreement reached in mediation can lead to civil and/or criminal penalties, depending on the nature of the agreement. For example, if the agreement involved payment of money and the non-complying party fails to make the payments, they may be liable for civil damages or could be charged with fraud or theft. In any case, it is important for all parties involved in a mediation to understand their legal rights and obligations so that they can avoid any unpleasant consequences.
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