What is a Mediation Agreement?
Mediation is a voluntary process by which two (or more) disputing parties attempt to resolve their dispute with the assistance of a neutral third party. This neutral third party is educated in the law of the subject matter – and is often a lawyer within the particular field at issue. In Florida, however, mediators are not required to be lawyers. Rather, a mediator is a person who is in the "Field of Dispute Resolution Certification" and has been certified by the State of Florida and/or the circuit court in which the case is pending.
The purpose of mediation is to maintain some control over the outcome by reaching resolution prior to having the court decide the issues for the parties. The mediator assists the parties in sitting down and hearing a form of each party’s position in the dispute. Each party has an opportunity to state its position in a safe environment to the other party as well as in private discussions with the mediator. The purpose of the process is to have a negotiated settlement reached voluntarily by the parties. The mediator has no decision-making power and only serves to facilitate the communication with the goal of reaching a settlement agreement that will be reduced to writing.
Mediation can take place at any time before or during litigation. The court may order that the parties attend mediation prior to trial or a hearing . However, the parties may also agree to mediate at any time during the litigation.
Once the dispute has been settled, the mediator requests that the parties sign a written agreement authorizing him or her to draft the final version of the agreement that will be submitted to the court. This document may be referred to as a "mediation agreement" or a "memorandum of understanding". Typically, these documents cover all provisions to which the parties agreed. In complex cases, these documents may be relatively short. Thereafter, the mediator submits the signed agreement to the parties for their respective signatures. Upon obtaining the signatures of the parties, the mediator submits the agreement to the court for approval and entry as an order of the court if court approval is necessary.
It is not unusual, however, for the parties to request that the mediator draft the formal agreed order to be filed with the court even though the parties reach an agreement during the mediation session. The mediator then follows up with the parties to obtain the signatures of the parties on the final agreements at a later date.
In the event one or both parties fails to comply with the terms of the settlement agreement after it is agreed to and signed by the parties, that specific party is in breach of the agreement. She/he will then be in need of legal advice as to its rights and remedies.
When Can You Set Aside a Mediation Agreement
Should you find yourself in a position where you have entered into a contract which is the result of a mediation, but realize later that the agreement is unfair, whether you have any alternative legal options at that point really depends on how the agreement was reached in the first place. For example, if you entered into the contract due to fraud, duress, coercion, or a lack of capacity, most likely you can overturn that agreement.
In order to overturn a mediation contract, you will need to demonstrate that the other party engaged in fraudulent behavior. Fraudulent activities that may lead to an overturned contract include lying about something significant that resulted in an unbalanced contract, or deliberately withholding information relevant to the contract that you would not have agreed to it had you known about the information. In other words, fraud means that the other party entered into the contract under false pretenses. The false pretenses could be that they lied about something they had the capacity to comment on that changed the nature of the deal.
Duress is when one party forces the other party to enter into a contract. In these cases, typically the person commits actual harm to the victim that gets them to enter into a contract under duress with the threat of actual harm.
In order for a mediation contract to be overturned due to coercion, you have to prove that other party forced you to do something that you don’t want to do because they threatened you with harm.
Lack of capacity might be the least common reason for a contract to be overturned, since it most likely only applies to minors or those suffering from a debilitating mental issue.
How to Set Aside a Mediation Agreement
Once a mediation agreement has been reached, it may seem difficult to overturn or back out of. However, there are in fact several routes open to parties hoping to do so. Failure to follow procedure can complicate this process, so it’s important for you to understand the steps involved.
The first step is to file an application with the court. In most cases, this is done under Part 31 of Supreme Court Rule 63 and the relevant sections of the Uniform Civil Procedure Rules 1999. The application will generally seek one of three answers from the court: whether all parties in the mediation process were aware of and consented to the agreement, whether a plain mistake occurred in the drafting of the agreement that makes it unenforceable, or whether one party to the agreement was unfairly prejudiced by the process, and that the agreement should therefore be set aside. Alternately, you may choose to seek an order to have the agreement revoked or replaced.
Regardless of the type of application being made to the court, there are a series of steps that need to be followed in order to achieve a successful outcome:
Providing the required evidence both in affidavit and during hearings is essential. The more evidence you have to support your allegations, the easier it will be for the court to recognize the validity of your claims. You’ll also need to have a legal representation willing to fight on your behalf to achieve the outcome you’ll be satisfied with. But if your case is well laid out and adheres to your legal rights, you’ll have the best chance of getting the desired outcome.
If you’re ready to explore the process to overturn a mediation agreement, contact our law firm today.
Potential Outcomes of Setting Aside a Mediation
If you prevail in your attempt to have the mediation agreement set aside, there are several possibilities. Your family law issue may go right back into court for further dispute resolution. This may entail additional custody hearings, a court hearing on other issues, or a trial. The court will likely make a decision based on the evidence and the best interests of the children. Another possibility is that your case may once again be referred to mediation . There are lots of reasons why mediation may be beneficial to both parties despite an overturned agreement. Top among them are the following: The outcome if the mediation agreement is set aside is entirely dependent on the issues, the parties, and, most significantly, the best interests of the children involved. A skilled family and divorce attorney is essential to present the strongest argument possible that your mediation agreement should stand or be overturned.
Obtaining Legal Guidance
If you think you may have grounds to overturn a mediation agreement, it’s a smart idea to consult with a legal professional before moving ahead with the process. A lawyer may be able to help you determine whether or not your mediation agreement is legally binding. If you do have the right to overturn this agreement, your attorney can help you plan out a course of action for doing so. Even if you believe you have a strong case, proceeding with an attempt to overturn a mediation agreement could be stressful and time-consuming. Your lawyer will be able to advise you on what to expect, ensuring that there are no surprises along the way.
Preventative Measures for Mediation Agreements
The best way to prevent disputes with mediation agreements is to draft the agreement carefully. You should be sure you understand all of the terms and that the terms are agreeable to you. Make sure that you are participating in the mediation freely and that you are not being pressured into signing an agreement. Understand the importance of each term so that you will agree to every term knowingly and voluntarily.
It is important to make sure that all parties to the agreement are aware of and in agreement with the terms of the agreement. Your best bet is to have an attorney review the mediation agreement which was drafted by a mediator or by the other party to the dispute before you sign it. Having an attorney review the document potentially gives you the security of knowing that the terms of the agreement are favorable to you and to the other party.