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

If a mediation agreement is made between two parties and one of the parties does not comply, the other party has the option to enforce the agreement. In Minnesota, the other party can go to court to enforce the agreement through a specific performance action. This type of legal action requires the court to order one party to do the action that was agreed upon, even if they do not want to. If the non-compliant party fails to obey the court order, additional legal action can be taken. If the court determines that the non-compliant party willfully failed to comply, the court can issue sanctions. These sanctions can include fines, jail time, or civil damages. An easier alternative for both parties is to make sure the mediation agreement has a clause stating what will happen if one of the parties does not comply. This clause would outline the remedies that can be taken to enforce the agreement without going to court. It is important that the clause complies with Minnesota law in order to be enforceable. Ultimately, a written mediation agreement between two parties should ensure that both parties are bound to the agreement and that action can be taken if one of the parties does not comply.

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

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