Settlement Agreement
Houston, TX
Viewed 69 times.
Posted 9 months ago in Ethics / Professional Responsibility
Flag as objectionable
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.
Additional information
Thank you for your response, attorney Okorocha. Yes I did sign the initial or preliminary settlement agreement during mediation. But I did so only because I thought I had to, due to my attorney-client agreement. My settlement agreement has to be approved by the judge. I am wondering if I have any chance of getting the judge to rescinded the agreement. I'm holding up the signing of the formal agreement to give myself time to try to figure this thing out, but now my company is threatening court action if I don't sign by the end of the week. It seems my best chance of getting the agreement rescinded is to take this issue before the judge before he approves it??? I'm just wondering if this is a good option, or if I'm basically screwed at this point? Before I sign the formal agreement, maybe I could request some language be added to it stating my position and intentions? Answers (2)
Okorie Okorocha
|