When it comes to legal matters, mediation can be an effective way to resolve disputes outside of court. However, sometimes circumstances change, and one party may want to revoke a mediation agreement that was previously agreed upon. In this article, we will explore what revoking a mediation agreement means and how it can be done.
What is a mediation agreement?
A mediation agreement is a legally binding contract that is signed by parties who have gone through a mediation process. The agreement outlines the terms and conditions that were agreed upon during mediation and sets out the actions that each party is expected to take. Once signed, the mediation agreement becomes enforceable through the courts.
Why would someone want to revoke a mediation agreement?
There are several reasons why someone may want to revoke a mediation agreement. The most common reason is that one party feels that the other party did not follow through on their obligations outlined in the agreement. Another reason may be that new evidence or information has come to light that was not available during the mediation process.
How can a mediation agreement be revoked?
To revoke a mediation agreement, the party seeking to do so must file a motion with the court that entered the agreement. The motion must explain the reasons for revocation and provide evidence to support those reasons. It is important to note that the court will only consider revoking a mediation agreement under certain circumstances. The party seeking revocation must demonstrate that:
– There was fraud, duress, or coercion during the mediation process
– There has been a material change in circumstances since the agreement was signed
– One party did not act in good faith during the mediation process
In addition to filing a motion, the party seeking to revoke a mediation agreement may need to attend a hearing in court. At the hearing, the judge will hear arguments from both parties and make a decision on whether to revoke the agreement.
Conclusion
Revoking a mediation agreement is a complex process that should not be taken lightly. It is important to understand the reasons for revocation and to have a strong legal argument supported by evidence. If you are considering revoking a mediation agreement, it is recommended that you seek advice from a qualified legal professional who can guide you through the process.