What happens if there is an agreement in mediation but one of the parties does not comply?

If a party does not comply with an agreement they made in mediation, the other parties involved can take legal action to enforce the terms of the agreement. In California, agreements reached in mediation are enforceable in court. If one party does not abide by the agreement, the other party can file a motion for specific performance. This motion essentially asks the court to order that the non-compliant party do what was agreed to in the mediation agreement. The court can also issue an injunction to prohibit the non-compliant party from taking certain actions, as well as award money damages to the non-compliant party. If the non-compliant party is found in contempt of court, a judge can impose a fine, jail time, or other sanctions, depending on the severity of the violation. It is important to remember that mediation is a voluntary process and parties should not enter into agreements lightly. If one of the parties does not comply with the mediation agreement, then it is up to the other parties to take legal action to enforce the terms of the agreement.

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