What happens if there is an agreement in mediation but one of the parties does not comply?
If there is an agreement between the parties in mediation in Nebraska but one party does not comply, the other party may take the other party to court and seek enforcement of the terms of the agreement. The court may order the other party to comply with the agreement and/or impose financial sanctions or penalties. If the court finds that the non-compliant party has acted in bad faith or with malice, additional remedies may be available such as the award of attorney fees or other punitive measures. In some cases, the court may order a specific performance of the agreement if the remedy of damages is inadequate to cure the non-compliance. For example, if the agreement is for a sale of goods and money damages would not be sufficient to make the other party comply with the agreement, the court may order a specific performance and force the sale of the goods. Mediation is generally not binding, so if there is no agreement or one of the parties does not comply, the parties cannot have the court enforce any of the terms. The court will not punish either party for not complying with the terms of the agreement, but rather will simply decline to enforce the agreement.
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