Is there any recourse if the agreement reached in mediation is not respected?
Yes, there are options available if the agreement reached in mediation is not respected in Texas. The mediator can provide both parties with a legally enforceable written contract. The contract should set out the agreed-upon terms and be signed by both parties. If one party fails to adhere to the agreement, the other party may take that person to court. This is known as a breach of contract. In some cases, the court could compel the wrongdoer to adhere to the terms of the agreement. They could also order financial, or other, compensation if the breach of contract caused the other party to suffer some kind of financial harm. In addition to the above, the party who was wronged may also bring an action for breach of fiduciary duty. This is when one party acts in an abusive or negligent way with respect to the rights of the other party as it relates to the mediation agreement. This could also result in the same forms of relief as breach of contract. In conclusion, there are various legal remedies available if one party does not respect the agreement reached in mediation in Texas. These remedies include the enforcement of the contractual terms, as well as a possible breach of fiduciary duty action.
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