Mediation is a common method for resolving disputes outside of courtroom litigation. In mediation, the parties involved in a dispute meet with a neutral third party, called a mediator, who helps them reach a voluntary agreement that resolves their conflict. Mediation agreements are typically binding, which means that parties are legally required to follow the terms of the agreement once it is signed. However, there may be instances where one or both parties wish to set aside a mediation agreement.
Firstly, it is important to understand that mediation agreements are legally binding contracts. This means that both parties are obligated to fulfill the terms of the agreement once it is signed. However, there are some circumstances where it may be possible to set aside a mediation agreement.
One reason for setting aside a mediation agreement is if the agreement was signed under duress or coercion. If one party forced the other party to sign the agreement, or if there was an unequal bargaining power between the parties, then the agreement may be considered invalid and unenforceable.
Another reason for setting aside a mediation agreement is if either party did not fully understand the terms of the agreement at the time they signed it. For example, if a party did not have an opportunity to review the agreement with an attorney, or if the mediator did not fully explain the terms of the agreement, then the agreement may be considered invalid.
Additionally, if there was fraud or misrepresentation involved in the mediation process, this may also be grounds for setting aside a mediation agreement. For example, if one party withheld information or lied during the mediation process, this could invalidate the agreement.
It is essential to note that setting aside a mediation agreement is not an easy process. It will require the party seeking to set aside the agreement to file a legal action and prove that one or more of the circumstances mentioned above has occurred. Thus a proper legal counsel is paramount in such situations.
In conclusion, mediation agreements are usually legally binding contracts that both parties are required to follow. However, under certain circumstances such as duress, unequal bargaining, lack of understanding, fraud or misrepresentation, it may be possible to set aside a mediation agreement. If you find yourself in such situations, it is important to consult with a legal professional in order to better understand your options and take the necessary steps to set aside the agreement.