Asked by Prince Saini on Jul 24, 2024
Verified
If a party does not abide by an agreement reached in mediation, which of the following is true of the remedy?
A) Because mediation is a voluntary process, there is no legal remedy.
B) The remedy is to return to mandatory mediation.
C) The remedy is to proceed to arbitration.
D) The remedy is to sue for breach of contract.
E) The remedy is to proceed to a minitrial.
Breach of Contract
A legal violation occurring when one or more parties fail to fulfill the obligations set forth in a contract.
Mediation
A confidential and voluntary process in which a neutral third-party facilitator helps disputing parties to reach a mutually acceptable agreement.
- Acquire insight into the basic doctrines and modes of Alternative Dispute Resolution (ADR), emphasizing arbitration and mediation.
- Understand the legal mechanisms available when an agreement reached in mediation is not honored.
Verified Answer
IM
IsaBelle McAlpineJul 26, 2024
Final Answer :
D
Explanation :
If a party does not abide by an agreement reached in mediation and the agreement is binding, the remedy often involves suing for breach of contract. This is because the agreement, once signed by both parties, can be enforceable in a court of law.
Learning Objectives
- Acquire insight into the basic doctrines and modes of Alternative Dispute Resolution (ADR), emphasizing arbitration and mediation.
- Understand the legal mechanisms available when an agreement reached in mediation is not honored.
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