AboutTimmy Chou Expertise I am a experienced Mediator and a partner in a management consulting firm. As a mediator I work as a third-party neutral and specialize in partnership/shareholder disputes, management/labor issues, company culture difficulties, and family-owned business problems. I can help describe why alternative dispute resolution may be a good choice for you. As an experienced management consultant I may be able to offer creative ideas to help resolve your organizational and business problems and disputes. "If you say conflict, I say opportunity".
Question If you attend a mediation and the mediator, down
right lies, and is difinatly not neutal to both
parties. And coerced you to sign a settlement
release agreement. Are you aloud to withdraw from the agreement. And are you aloud to recover
attorney fee's.
Thanks Jackie
Answer Thank you for your question.
Typically any mediated settlement is voluntary, unless the parties consent to have the agreement submitted to a court as binding on the parties. Typically any party can withdraw from the mediation at any time and honor or ignore any agreement made as the mediated solution depends on the parties' consent. Usually any fees paid are not recoverable unless you want to sue on the basis of malpractice or something.
Because mediations are voluntary, it is usual and customary to just walk out of abusive or coercive mediations. Normally the content of mediations is not admissable in court, so you could seek to do the mediation again or justgo back to a litigation solution.
In most states there are not governing, enforcement bodies that regulate mediators, but you could sue for malpractice if you think you have been abused.
