What happens when the mediated agreement is challenged in court?

When a mediated agreement is challenged in court in North Carolina, the Court may decide the validity of the agreement based on how the mediation process was conducted. First, the court will ask if the agreement was made in good faith and that both parties worked with the mediator in good faith to try and reach a resolution. The court will also look at whether both parties had the right to consult an attorney and receive advice from the mediator about any potential legal ramifications of the agreement. The court may also consider the circumstances surrounding the agreement, such as whether the parties had access to all relevant information and that both parties had an equal understanding of the facts, the laws, and the issues at hand. The court may also look at whether the process was conducted fairly and that both parties had an opportunity to voice their opinion and be heard. If the court finds that the mediated agreement was reached in good faith, was conducted fairly, and that both parties understood the process, then the agreement is likely to be upheld. However, if the court finds that the agreement was not reached in good faith and that both parties did not understand the process, then the agreement may be challenged and invalidated.

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What happens when the mediated agreement is challenged in court?

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