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 the state of Washington. Under Washington law, mediation agreements are legally binding, meaning that if the parties in the mediation agree to certain terms, the parties are expected to abide by them. If a party fails to comply with the agreement, the other party may seek enforcement of the agreement from the court. In most cases, the court will order the parties to comply with the terms of the mediation agreement, and may also award damages for losses suffered as a result of the violation. In addition, the court may also award attorney’s fees and costs, if the agreement provides for such relief or if the court finds that such relief is appropriate. In instances where the agreement is voidable, the court can order the voiding of the agreement, meaning the parties cannot rely on it as a basis for an ongoing relationship. In sum, if the agreement reached in mediation is not respected, there is recourse available to the parties. The party seeking enforcement of the agreement can file a civil action to enforce the agreement and, where appropriate, seek damages, attorney’s fees, and costs.
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