Rhino Mediation receives many questions from clients regarding mediation agreements. One of the most common queries is whether a mediation agreement expires or not. In this article, we will address this question comprehensively. Given the complex nature of mediation agreements, it is crucial to understand whether these agreements expire or not. It will help you prepare better and be aware of the implications of the agreement in the long term. We will start by defining what a mediation agreement is before delving into its lifespan.
What is a Mediation Agreement?
Before discussing whether mediation agreements expire, we must understand what they are. A mediation agreement is a legal document outlining the terms agreed upon between two or more parties who are in a legal dispute. The parties involved come together through mediation to resolve their differences outside of court. The mediator facilitates the discussion between the parties and encourages them to arrive at a mutually beneficial agreement.
The Lifespan of a Mediation Agreement
Mediation agreements do not have an expiration date. Legally, they remain binding even after many years have passed since their signing. The agreement is enforceable, and the parties are held accountable for meeting the terms outlined in the agreement. If one party defaults on their obligations, the other party can seek remedies and enforce the agreement through a court application.
Can a Mediation Agreement Be Invalid?
A mediation agreement can only be found invalid through a court order. The court will only invalidate if the agreement was formed under fraud, duress, or undue influence. Also, if one party was under duress and signed the agreement under pressure, they can seek to invalidate the agreement. However, if the parties agreed to the terms in good faith and without undue influence, the agreement will remain valid and enforceable.
What Happens if There is a Breach of the Mediation Agreement?
The consequences of breaching a mediation agreement will depend on the gravity of the breach. The other party can seek remedies, such as court injunctions, monetary damages, or specific performance. The breach of a mediation agreement may also lead to an escalation of a legal dispute or even further mediation. It is crucial to honour the terms of the mediation agreement to prevent further legal complications.
Mediation agreements do not expire. They remain enforceable even after many years have passed since signing. It is crucial to honour the terms of the agreement, and if there is a breach, seek remedies as outlined in the agreement. At Rhino Mediation, we ensure our clients understand the implications of mediation before signing the agreement. We are here to help you navigate any legal dispute you may have and arrive at a mutually beneficial agreement.