We attended court ordered mediation in a civil case regarding several violations of the bylaws and unpaid HOA dues. After the mediation agreement was completed, the agreement was filed with the court. The judge added the words, "dismissed with prejudice" to the court order. The defendant then violated the agreement and stopped making monthly payments again. He says we cannot sue for the previous balance because the case was dismissed with prejudice. We say the agreement was violated so the full amount is due and payable. For some reason we cannot find any direct answer to how "dismissed with prejudice" works in such a case. Any information would be helpful. Thank you!
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.
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
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
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