Civil Litigation
Jun. 5, 2010
What Mediation Agreements are 'Enforceable Or Binding' Through the Arbitration Process?
Since the underlying concept behind mediation is the voluntary nature of the process, how does one enforce the settlement agreement?
A. Marco Turk
Emeritus Professor, CSU Dominguez Hills
Email: amarcoturk.commentary@gmail.com
A. Marco Turk is a contributing writer, professor emeritus and former director of the Negotiation, Conflict Resolution and Peacebuilding program at CSU Dominguez Hills, and currently adjunct professor of law, Straus Institute for Dispute Resolution, Pepperdine University Caruso School of Law.
The underlying concept behind mediation is the voluntary nature of the process. So what can be done to achieve enforcement where one party refuses to comply with or perform an agreement reached through mediation on the ground that the law of confidentiality protects the document?
In order to seek enforcement, a motion may be filed in a pending action, a separate action may be filed to enforce the settlement agreement or an amendment to the pleadings to add a claim or defense asser...For only $95 a month (the price of 2 article purchases)
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