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 Florida. Generally, mediations are legally binding contracts, so if one of the parties fails to fulfill their duties as outlined in the agreement, then the other party may seek to enforce the contract. If both parties signed the agreement, then the court can order specific performance or compensatory damages. Specific performance is when the court orders a party to fulfill their obligations as specified in the agreement, and compensatory damages are when a party is awarded money to make up for any loss they suffered due to the other party’s breach of the agreement. Alternatively, if only one party signed the agreement, then that party might file an action for breach of contract. In this case, the court can award compensatory damages or rescission, which is when the agreement is cancelled and both parties return to their prior positions. It’s important to note, however, that before seeking legal recourse, the parties should consider re-entering mediation to resolve their dispute. Mediation is considered an effective and efficient way to address conflicts, and it may be the best option for the parties involved.

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