You went to mediation or an Early Neutral Evaluation (Social Early Neutral Evaluation or Financial Early Neutral Evaluation) and came to a mediated agreement. If you are looking to find out whether you can get out of the mediated agreement, the answer is extremely complicated. Frankly, there is no “yes” or “no” answer.
Case law surrounding this particular issue varies immensely and often depends on the specific circumstances of the case. In general, a mediated agreement is interpreted under the principles of contract law. For a contract to be binding, contract law requires a meeting of the minds, meaning that the parties must show there was an agreement. Specifically, contract law dictates other requirements like an exchange of benefits. In other words, one party must give up something in exchange for something else. There are other important principles of contract law, but they are too numerous to outline in a single blog.
One thing that is for certain, the case law that surrounds this issue often looks heavily to whether the agreement was recorded and how. Was the agreement confined to a document and signed? Did you outline the terms of the agreement before the judge after you were sworn in? These types of details are of extreme importance when determining whether you can renege on a mediated agreement.
Whatever the case, the Court’s are guided by the principle that mediated agreements are preferred over litigation. This is important because I think it stands for the proposition that there is a substantial burden on the party attempting to throw out the mediated agreement.