Is there any recourse if the agreement reached in mediation is not respected?
Yes, there is recourse if an agreement reached in mediation is not respected in Arizona. For instance, the parties involved in the mediation agreement can request a court order to enforce the terms of the agreement. This order is known as a decision order. The decision order formulates the agreement into a binding legal document that is enforceable in court. Another legal recourse is to file a motion with the court to modify or enforce the agreement. Mediation agreements are legally binding, and when one party does not uphold their obligation, the other party can seek relief from the court. This is known as a motion to enforce the term, and if granted, the court can order the other party to honor their obligation under the agreement. If the agreement is violated, the parties may also decide to file a lawsuit against the other party if restitution is appropriate. Depending on the circumstances, the parties can ask the court for damages, an injunction, or any other form of recovery that is allowed under the law. Finally, the parties may also choose to enter into mediation once again in order to resolve the dispute. This would involve both parties discussing the breach of the agreement and determining what, if any, form of resolution is necessary.
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