Mediation is often hailed as an effective alternative to traditional litigation for resolving disputes. It offers parties an opportunity to work collaboratively and reach mutually agreeable solutions. When parties reach an agreement through mediation, it is considered legally binding and enforceable. However, what happens when a mediation agreement is broken by one party? In this article, we will explore the consequences and legal actions that can be taken when a mediation agreement is breached.
Understanding Mediation Agreements
Mediation is often a voluntary process in which a neutral third party, the mediator, facilitates communication and negotiation between disputing parties. Mediation is often used as an alternative to contested divorce proceedings or for business contracts. Sometimes mediation is court ordered, making it immediately enforceable. Other times mediation is voluntary, and once an agreement is reached it can be taken to court to enforce it.
The goal is to reach a resolution that both parties find acceptable. If an agreement is reached during mediation, it is typically documented in writing and signed by both parties. This written agreement is legally binding and outlines the terms and conditions that both parties have agreed to follow. To learn more about divorce mediation, check out our soon to be published article titled “What are the Benefits of Divorce Mediation?”
You can also find examples of many forms that will be used during your mediation on your local county court’s website, or your state’s court website.
When a Mediation Agreement Is Broken
When one party fails to adhere to the terms of a mediation agreement, it is considered a breach of contract. The consequences of such a breach can vary depending on the specific circumstances, the language of the agreement, and applicable state laws. Here are some common scenarios that may occur when a mediation agreement is broken:
- Informal Resolution: In some cases, the party that feels wronged by the breach may choose to address the issue informally with the other party. They may attempt to resolve the matter through negotiation or communication before pursuing formal legal action.
- Mediation Revisited: If both parties are willing, they can return to mediation to address the breach and attempt to reach a new agreement. This can be an efficient way to resolve the issue without resorting to litigation.
- Enforcement of the Agreement: If one party refuses to adhere to the agreement, the other party can seek legal remedies to enforce it. This may involve going to court to obtain a judgment that enforces the terms of the mediation agreement.
- Legal Action: The aggrieved party can file a lawsuit in civil court to seek damages for the breach of the mediation agreement. The court will assess the breach, and if it finds that the agreement was indeed valid and that it was breached, it may order the breaching party to compensate the other party for any losses incurred.
- Specific Performance: In some cases, the court may order specific performance, which requires the breaching party to fulfill their obligations as outlined in the mediation agreement. This remedy is often used when monetary compensation is inadequate to remedy the breach.
- Criminal Charges: In rare instances, if the breach involves illegal activities or fraudulent behavior, criminal charges may be filed against the party responsible. However, this is less common in mediation cases.
Not following court orders can get you in serious trouble. Ignoring mediation agreements can also land you in serious trouble but, the first remedy a court will order is often just performance under the contract. Legal fees for litigation may also drive up the costs for those that ignore mediation agreements.
If litigation has finished and a court has decided against the Defendant, and the Defendant continues to ignore the terms of the mediation agreement, or the mediation agreement was court mandated, then the consequences for breaching the agreement can be more egregious. These can include extra fines, wage and bank garnishments, or on rare occasions jail time. For more information regarding what happens if you don’t follow court orders, check out “What Happens If You Do Not Follow a Family Court Order In Illinois?”
Proving a Mediation Agreement Breach
Proving a mediation agreement breach is very similar to proving a breach of contract. In Illinois, to successfully pursue legal action for a breach of a mediation agreement, the aggrieved party must demonstrate the following:
- Existence of a Valid Agreement: The party must show that a valid mediation agreement was reached, signed, and agreed upon by both parties.
- Breach of the Agreement: The party must provide evidence that the other party failed to comply with the terms of the agreement.
- Damages or Harm: It is essential to prove that the breach resulted in some form of harm or damages. This could be financial losses, emotional distress, or other adverse effects. Without some form of damages or harm, there is typically no reason to sue and the court may dismiss your case.
- Causation: The party must establish a direct link between the breach and the resulting damages.
To prove these elements, you will have to present evidence that proves each element. To learn more about presenting evidence, check out our article titled “How to Present Evidence in Family Court in Illinois.”
Conclusion: What Happens When a Mediation Agreement Is Broken?
Mediation is an effective means of resolving disputes, but the agreements reached through this process are legally binding. When a mediation agreement is broken, it can have serious consequences for the party that breaches the contract. The party that feels wronged by the breach has several options, including pursuing legal action to enforce the agreement or seek compensation for damages.
If you find yourself in a situation where a mediation agreement has been breached, it is crucial to consult with an experienced attorney, like those at KGN Law Firm, who can guide you through the legal process. An attorney can assess your case, help you understand your rights and options, and work to protect your interests as you seek a resolution to the breach. In many cases, prompt legal action can lead to the enforcement of the agreement and the restoration of the intended outcome of the mediation process.
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Disclaimer: This article (What Happens When a Mediation Agreement Is Broken?) may contain information that is outdated as Illinois law continuously evolves. Meeting with an experienced family law attorney is the best way to ensure you are receiving the most current information answering the question What Happens When a Mediation Agreement Is Broken?
Published by Dustin Koth on April 8, 2024
