Is there any recourse if the agreement reached in mediation is not respected?

Yes, there is recourse if the agreement reached in mediation is not respected in California. Typically, this is done through a civil lawsuit, where you can make the parties to the original agreement abide by its terms. If a civil lawsuit is not an option, the parties can request a court-ordered enforcement of the agreement. This is known as a “specific performance” action and requires the court to order the party that failed to abide by the agreement to do so. Additionally, if the agreement was made orally, the parties may have to go through a process known as “declaratory relief” where the court declares that the agreement is enforceable and can require specific actions from the parties. Finally, if one of the parties does not adhere to the agreement and it causes the other parties irreparable harm, the parties can turn to the court for an “injunctive relief” order. This is an order from the court that requires a party to cease or start a certain action in order to protect the interests of the other parties. It is important to remember that whatever choice of action you take for recourse, it is best to do so immediately so as to protect your rights.

Related FAQs

What documents should be prepared for the mediation process?
Is mediation confidential?
Are there limits on the amount or types of compensation that can be awarded in mediation?
How can I ensure that my rights are enforced in a mediated agreement?
What is mediation law?
Are there any special considerations for multiparty mediations?
What skills do mediators need in order to effectively resolve disputes?
What remedies are available if parties cannot reach an agreement through mediation?
Are there laws governing mediation?
Can mediation be used in international disputes?

Is there any recourse if the agreement reached in mediation is not respected?

Related FAQs

Related Blog Posts