What happens after the mediation agreement is signed?
After the mediation agreement is signed, the terms of the agreement will be legally binding. The agreement will become a contract between the parties which means that both parties will be obligated to fulfill their obligations under the agreement. In Hawaii, a mediation agreement is enforceable in court, just like any other contract. However, if either party fails to fulfill their obligations, the other party may file a lawsuit to enforce the agreement. Depending on the type of agreement, the court may be able to order specific performance or award damages to the non-breaching party. Additionally, many agreements also include a clause that provides for the relocation of the case to a court of law if the parties cannot agree in mediation. This clause allows the parties to try to reach a resolution out of court through mediation, but if an agreement cannot be reached, the parties can proceed to court. It is important to remember that the terms of the agreement will be legally binding on both parties. Therefore, it is important to ensure that all parties understand the terms of the agreement before signing it. Additionally, it is important to make sure that both parties agree to the terms of the agreement in order for the agreement to be enforceable in court.
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