Mediation Terms Not Meet
The mediated agreement was to pay our former general contractor $$ by such-n-such date, and the general contractor was to provide X-items. The date has now come and gone and and the general contractor has not provided the agreed upon items -- therefore, no funds will be released (in a court held escrow account). My question... what happens to the agreed upon funds? Do they convert back to us and we are finished with our suit; sort of a sorry, you didn't follow through with your end of the deal. Or do we then move on to the formerly scheduled civil suit (set for the first part of next year), thereby forcing us into a lengthy legal suit along with court and personal costs. If we do have to go to court, do we have any recourse in collecting damages... like lawyer fees, etc., because the contractor defaulted on the agreed mediation?
Thanks for your interest and time.
2 Answers from Attorneys
Re: Mediation Terms Not Meet
Your Mediation agreement should provide for what happens when one of the parties does not perform as agreed. If it does not, your are relieved from any obligation you have under the agreement, that is, you are free to pursue your lawsuit, but you are also able to bring another cause of action against the contractor for breach of the Mediation agreement. Your may have additional remedies pursuant to its terms. You must read the agreement carefully.
Re: Mediation Terms Not Meet
The answer depends on how the mediation was set up(court ordered or not)and the wording of the agreement. If all is silent you are starting from scratch with court. Next time call me before you sign anything. Good luck.
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