If a party fails to honor his obligations under the mediated settlement agreement, can they avoid doing so?
The mediated settlement agreement should state that it is irrevocable which means that a party cannot withdraw its consent. A party is entitled to a judgment on the terms of the mediated settlement agreement. The procedural remedy may vary depending on the nature of the agreement but a motion for enforcement which may or may not carry the possibility of incarceration for the offending party is possible.
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Smith & Garg LLC | 1095 Evergreen Circle, Suite 300 | The Woodlands, Texas 77380
Please call 281-210-0010 | Fax: 281-362-9757
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