Do parties who go to mediation automatically forfeit their right to other legal recourse or remedies?
A. No. In the event mediation does not result in a settlement, parties preserve their right to relief through the courts, or before any other forum of dispute resolution as they may mutually decide. Similarly, most agreements for mediation services executed by and between the parties with the mediator expressly provide for ongoing voluntary participation of the parties, with the withdrawal of any party permitted without prejudice, at any time in the process and for whatever reason. Customarily, when an agreement is struck, one or both parties will seek, as consideration for execution of a final and binding settlement document, a release of all liability as well as a waiver of rights to pursue all other relief at law on matters settled at mediation. Q. Are agreements reached in mediation legally binding and enforceable? A. It is common practice that once parties reach an agreement in principle for the mediator to document a memorandum of agreement, resolution, or understanding prior to
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- Do parties who go to mediation automatically forfeit their right to other legal recourse or remedies?
