Mediation is a process through which two parties in a dispute work together with a neutral third party to reach an agreement. The agreement reached during the mediation process is legally binding, which means that its provisions must be adhered to by all parties involved. However, there are certain circumstances where a mediation agreement can be broken.
The first circumstance in which a mediation agreement may be broken is when one party fails to comply with the terms of the agreement. For example, if the agreement requires one party to pay a certain amount of money to the other party within a specific period, failure to do so could be considered a breach of the agreement. In such cases, the other party may take legal action to enforce the terms of the agreement.
Another circumstance in which a mediation agreement may be broken is when one of the parties was coerced or forced into signing the agreement. If a party feels that they were coerced, they may challenge the validity of the agreement in court. However, proving coercion can be challenging as it requires evidence to support the claim.
A mediation agreement may also be broken if one of the parties discovers that the other party has committed fraud or has withheld important information that would have affected the outcome of the mediation. For example, if one party deliberately concealed information that would have influenced the decision-making process, the other party may have grounds to challenge the validity of the agreement.
In some cases, a mediation agreement may become unenforceable due to changes in circumstance. For example, if the agreement was related to child custody, but one of the parents develops substance abuse issues, the agreement may need to be revisited. Similarly, if the agreement was related to a business venture, but the business folds due to unforeseen circumstances, the agreement may become unenforceable.
In conclusion, a mediation agreement is legally binding and must be adhered to by all parties involved. However, there are circumstances where such an agreement can be broken. If you find yourself in such a situation, consult with a legal expert to explore your options.