Skip to main content

What are the consequences of a plantiff failure to honor mediation settlement?

Leesburg, GA |
Filed under: Litigation

I attended a mediation hearing over 2 months ago. A settlement was reached; however, the plantiffs have failed to honor the signed agreement.

Attorney Answers 2

  1. Depending on the terms of the agreement, they may be in breach of contract, which could give you a number of legal options. The consequences of a breach will likely depend on a number of factors, including the settlement agreement itself and the nature of the breach. You may want to consult with a local litigation attorney.

    Yasha Heidari
    DISCLAIMER: Although I am an attorney, absent a signed retention and engagement letter, I am not your attorney. There are no exceptions to this rule. Moreover, you shall not rely on the information I am providing you, as it is only for your general knowledge and educational purposes. Consider it a good first step in your knowledge acquisition, but not legal advice. Indeed, any information I provide is based on the extremely limited facts you have given me, and new facts could substantially alter any answer I give. Just for the record, unless you live in Georgia, I am not licensed to practice law in your jurisdiction. In fact, my knowledge of laws is limited to Georgia. You should always consult with a local attorney about your situation.

  2. Failure to honor a mediation agreement brings the dispute of the mediation process and back into the court system unless the agreement has a clause that states that "in the event parties have a dispute arising out of the agreement, they agree to go back to mediation prior to filing anything in court". If your agreement has a mediation clause then a judge will send you back to mediation before seeing you.

    Note: The above answer is provided for informational use only. One should not act or refrain to act solely based on the information provided. No attorney client relationship is created unless a retainer or a fee agreement is signed by the attorney and the client.

Litigation topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics