What happens when the mediated agreement is challenged in court?

When a mediated agreement is challenged in court in West Virginia, a court must determine whether the agreement was voluntarily made and if it is fair. If either the mediator or the parties involved in the mediation did not act voluntarily or in good faith, the agreement could be set aside by the court. The court will consider all of the facts of the dispute, based on the proof provided by the parties, in order to make its determination. Additionally, if the agreement is found to be unfair or unconscionable, the court could choose to set it aside or modify it. If the agreement is found to be valid, it will be enforced by the court. The agreement could be legally binding on the parties, so it is important to make sure that the terms of the agreement are fair to all parties and that all parties understand them fully before signing. In order to challenge a mediated agreement in court, a party must file a petition for relief with the court. The court will then decide whether the agreement is valid or not and whether it should be enforced or modified.

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What happens when the mediated agreement is challenged in court?

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