I was recently involved in mediation concerning a discrimination case I filed against the fortune 100 company who I work for.
The final settlement agreement during mediation was something that I did not want, as this actually puts me in a worse situation than I was in previous to mediation.
But I was obligated to sign the agreement, as my lawyer claimed that the settlement was reasonable. And it is written in our attorney-client contract that I had to agree to settle if my lawyer felt that the settlement was reasonable.
Now it has been brought to my attention that settling my case was a decision that only I can make. And that my attorney can not "force" me to settle.
My current status is, I have yet to sign the formal settlement that was agreed on during mediation. And my company is threatening to sue me for breach of contract if I do not do this by the end of the week.
I do NOT want this settlement, and I need a way of rescinding the initial agreement without getting myself sued.
The judge has to approve any finalized settlement agreement, which hasn't happened yet, as I have not signed the formal agreement.
Would it be possible to request a hearing with the judge? Would this be a bad idea? Could I still be sued for breach even if I did this, because I did not sign the formal agreement? Can I sign the formal agreement to avoid being sued, but then make an appeal to the judge before he approves it?
I'm currently in the process of trying to find a lawyer who will help me on this issue, but I'd like to throw the question out there on the board for feedback.
Thanks.
