If you are over 40, and signed the agreement without a requisite waiting and review period, you may have a shot. Absent that -- and even with that -- it will be difficult, particularly if the mediator and the parties were represented by competent counsel.
And, even if you rescind the agreement, you'll be back in the midst of the dispute, which I presume you desire to get out of.
Were you represented by counsel at the mediation? If so, ask this question of your counsel. If not, it's probably worth the time and money to talk to an attorney about your rights.
My advice, of course, is general and based on very little knowledge of your personal situation, and I am licensed to practice law only in Idaho, Utah and Wyoming. You should retain legal counsel and review you situation with him or her, if it has significant financial or other implications. <a href="http://www.haolaw.com" target="_blank">Visit www.haolaw.com!</a>
You will prbably be sued for breach of the settlement agreement. The mediation agreement probably contains a provsion that the Mediator will under no circumstances be a witness to any action to enforce the settlement. Thus, you are left with relitigating the orginal dispute but also with addtional claims where your attorney is arguably a witness.
You should ocnsult with an attorney and carefully review the mediation agreement.
This posting does not create an attorney client relationship ,and is for informational purposes only. Any formal representation and advice will require establishment of a contractual relationship with an attorney. For more information go to www.meadfirm.com
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline