Caldwell & Kearns, P.C.
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January 2016 Archives

Looking at the enforceability of mediation agreements, P.2

Last time, we began looking at the enforceability of mediation agreements. As we pointed out, the law on this matter varies from state to state and between federal jurisdictions, but courts generally apply the rules of contract law. Under contract law, there are various grounds on which contracts can be defeated or limited, and we mentioned some of these last time: duress, coercion, lack of agreement, fraud, misrepresentation, and mistake.

Looking at the enforceability of mediation agreements

Regardless of the nature of the dispute that is brought to mediation, the aim of the process is to help parties to open up to each other’s perspectives and work toward a mutually acceptable resolution. Coming up with an agreement that both parties can commit to is not always an easy task, particularly if the dispute involves issues that are highly emotional or which involve changing circumstances.

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