How does "dismissed with prejudice" work when a mediation agreement is violated?
3 attorney answers
It means the case is over and the claims cannot be brought again. The recourse is to the settlement agreement filed with the court. Unless the settlement agreement permits the re-newal of the old law suit, you can sue only on the settlement agreement
It means that the claims that were addressed by the court as settled in mediation is resolved and neither party can bring the exact claims again before the court. Since the mediated order is now being violated you sue on that because it is a new matter. A violation of court order would be your new basis and you may be entitled to recover even more
If a case is "dismissed with prejudice," then the matters in that case cannot be reasserted in a subsequent suit. If the other party has breached the settlement, your only recourse is to sue for that breach. You cannot go back and add in the things that were settled in mediation, just any breach of the mediation agreement.