Mediation is a process of resolving disputes between two or more parties without involving a court of law. In many cases, parties who are involved in a dispute can come to a mutually agreeable resolution through mediation. In such cases, a mediated agreement is signed by all parties involved and is legally binding.
However, there may be instances where one party fails to comply with the agreement. In such cases, it is important to know what to do if a mediated agreement is broken.
1. Review the agreement: The first step is to review the agreement carefully. Ensure that both parties have complied with the terms of the agreement. If there are any doubts or ambiguities, seek legal counsel.
2. Contact the other party: If you believe that the other party is not complying with the agreement, the first step is to contact them and discuss the issue. Try to resolve the matter amicably and reach a mutually acceptable solution.
3. Mediation: If contacting the other party does not yield the desired results, the next step is to seek mediation. Contact the mediator who facilitated the original agreement and request a mediation session. Mediation can be a powerful tool in resolving disputes, and it is often successful in getting parties to comply with the agreement.
4. Arbitration: If mediation does not work, the next step is to seek arbitration. In arbitration, a neutral third party reviews the case and makes a decision that is binding on both parties. Arbitration can be faster and less expensive than going to court.
5. Court: If all else fails, the final step is to go to court. If the agreement is legally binding, you can sue the other party for breach of contract. However, going to court can be time-consuming and expensive, and it should only be considered as a last resort.
In conclusion, if a mediated agreement is broken, it is important to take action. Review the agreement, contact the other party, seek mediation, arbitration, or court as necessary. With the right approach, you can resolve the issue and ensure that the agreement is enforced.