What measures can be taken if one of the parties fails to comply with the mediated agreement?
If one of the parties to the mediated agreement fails to comply with the terms of the agreement, South Dakota law allows for several measures to be taken to ensure that the agreement is upheld. The first step is to contact the other party and try to come to an agreement. If the parties cannot come to an agreement through communication alone, the other party may need to pursue legal action. The non-compliant party may be brought to court to determine how to enforce the agreement, either through an injunction or an arbitrator. If an injunction is pursued, the court will also determine if the non-compliant party should be held in contempt of court. This means that they are not in compliance with the agreement and may be subject to penalties or fines. If an arbitrator is pursued, the non-compliant party will be held to the agreement if the arbitrator issues a ruling. The ruling can order the non-compliant party to comply with all terms of the agreement or pay a penalty. Finally, if the non-compliant party does not comply with any of the measures taken, the court may also order a money judgment against the non-compliant party. This means that the non-compliant party may need to pay the other party for any damages resulting from the breach of agreement. Overall, South Dakota law allows a variety of measures to be taken when a party fails to comply with the mediated agreement. Whether the parties need to communicate or take legal action, the court can ensure that the agreement is upheld.
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