A mediation agreement was signed, can I go back on it and refuse due to settlement amount has changed since signed? 3 Answers as of September 18, 2012All medical bills were not included during mediation and the attorney was aware of it. Since that time more bills have come in and the attorney said the bills have to come out of my portion of the settlement. There is not enough
money in my portion to cover those bills and the settlement amounts continue to change due to this. What can I do? I have not signed a full release.
Lapin Law Offices | Jeffrey Lapin
I cannot give you a definitive answer to your question as to whether you can "go back" and refuse to settle after signing a mediation agreement. To answer the question a lot more information would be needed including, but not limited to: what the mediation agreement specifically says; does the release include any significant differences from what was agreed to in the mediation agreement; and why some of your medical bills were not included as part of the settlement. Generally, a mediation agreement is an enforceable agreement and you are bound by its terms. If you refuse to sign the release the other side can go to court and ask the Court to have the mediation agreement enforced. However, as noted, this is the general rule. There are some exceptions and you might be able to void the mediation agreement. Without knowing more about your case, the mediation agreement and the release, I cannot comment whether you are bound by the mediation agreement. I would strongly suggest talking to your attorney about why your other bills were not included and whether there is a way to void the mediation agreement and permit you to receive more money.
Answer Applies to: Nebraska