Legal Question in Mediation in California

I Had an employment mediation agreement 7 days ago. I requested some time to make a decision on the employer offer, but my attorney and the private mediator said no that a decision had to be made the same day. I felt that I made decision under duress and not happy with the decision. Can you please advise if a plaintiff absolutely have to make a decision on the same day an offer is presented and how many days I have to rescind the agreement.

Thank You


Asked on 3/09/15, 2:23 pm

1 Answer from Attorneys

A settlement is a form of contract. Any offer of a contract must be accepted within whatever time-frame the offeror specifies. It is not duress to make an offer conditioned on it being accepted the same day. If the mediator and your attorney were telling you that you had to decide that day, it was almost certainly because your employer was saying the offer was only good for that day. Once you accept the offer, you have no right to rescind it unless legal grounds for rescission exist, such as fraud or true duress (which has to be something very serious, like they are holding your child hostage and will kill him if you don't accept; merely being "under pressure" is not duress).

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Answered on 3/09/15, 2:39 pm


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