What measures can be taken if one of the parties fails to comply with the mediated agreement?
If one of the parties fails to comply with the mediated agreement in West Virginia, the other party can take several different measures to protect their rights. First, the party can follow the procedure for enforcement, or “enforcement of the mediated agreement,” included in the agreement. This procedure, which is typically included in the agreement, often outlines the steps that must be taken in order for the parties to resolve their differences. Additionally, if the parties agreed to hold the mediation proceedings in a particular court, that court may have jurisdiction to enforce the mediated agreement. The party may be able to file a motion with the court to compel the other party to follow the terms of the agreement. Finally, the party can file a lawsuit for breach of contract. This type of lawsuit allows the party to seek damages for the other party’s failure to comply with the mediated agreement. The court hearing the lawsuit may also be able to issue a court order forcing the other party to comply with the agreement. No matter which measure is taken, it is important that both parties are aware of and abide by the terms of the mediated agreement in order to resolve their dispute.
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