Legal Question in Civil Litigation in Maryland

Two people went to mediation with each of their lawyers. One claims there was a verbal agreement that they agreed one would pay for all of their child's sporting over $1,000 while the other would pay for all uninsured medical expenses, also over $1,000. The other party does not agree this verbal agreement ever took place. Each person's lawyer has written a letter confirming their own client's interpretation of what was or was not verbally agreed upon in the meeting. Since this was verbal and over $500, is this verbal agreement not binding if the judge agrees the verbal agreement did indeed take place? To me, the fact that both lawyers have completely opposite interpretations of what took place should be enough to put the agreement in question though my impression is a lawyer will write whatever you ask them to since you are paying them. Please advise, thanks!!!!


Asked on 9/11/15, 4:49 pm

1 Answer from Attorneys
Robert Sher Wagshal and Sher

A verbal agreement would be enforceable, but by its nature is harder to prove than a written one. A mediator, arbitrator or judge would have to look at the subsequent actions of the parties to determine if an agreement actually existed. A mediator's job is to attempt to persuade the parties to resolve their differences, but he/she has no authority to impose behavior or enforce an agreement. Only a judge or an arbitrator selected by the parties and given binding authority can do that. As for your comments on lawyers, it is the lawyer's duty to advocate for his/her client by presenting facts and a legal argument that attempts to persuade a mediator or judge to adopt the client's position. It would be unethical for a lawyer to attempt to present facts that he/she knows are untrue.

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Answered on 9/14/15, 10:20 am


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