What happens if there is an agreement in mediation but one of the parties does not comply?
In Washington state, if a party does not comply with the agreement reached in a mediation, the other party may enforce the agreement through the court. Depending on the court’s decision, the party that does not comply may face sanctions or penalties. In some cases, the non-compliant party may be required to pay damages to the party that is harmed by the breach of the agreement. In addition, the court may impose other obligations, including making the parties go to counseling or mediation if they have unresolved disputes. The court may also order the party that did not comply to make payment to the other party or to a third party. It is important to note that the court may order the non-compliant party to pay some or all of the fees incurred in mediation. It is also possible for a court to issue an order requiring the parties to appear before the court for a hearing. At the hearing, the court will determine whether the party that failed to comply acted in bad faith. If so, the court may order the non-compliant party to pay additional damages or to comply with the mediation agreement. In any scenario, the court will do its best to ensure that the agreement reached in mediation is enforced. It is important to remember that the court will consider the circumstances of each case in order to make a fair decision.
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