Are there any restrictions on the types of agreements that can be made through mediation?
Yes, there are certain restrictions on the types of agreements that can be made through mediation in California. According to California law, the agreements reached through mediation must not be contrary to public policy, nor should they be unconscionable or otherwise illegal. Additionally, the agreement must not require the parties to perform an act that the law does not allow. For example, if the agreement requires the parties to enter into a business venture, the agreement must not violate any laws regulating such transactions. Mediation agreements also cannot be used to modify or waive any rights on the part of a minor, a legally disabled person, or a person who would be unable to comprehend the consequences of the agreement. In California, all such agreements must be approved by a court in order to be valid. Finally, an agreement made through mediation must not be coercive in nature or compel a party to do something that they would not have otherwise done. The agreement must be entered into voluntarily and knowingly, with the parties fully understanding the consequences of their decisions. If the agreement is deemed to have been the result of coercion, it may be voided by a court.
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