Legal Question in Mediation in California

rescinging mediation agreement

We want to rescind a mediation agreement. After 9 hours mediation we signed an agreement and their lawyer has added stipulation into agreement that we were not in agreement plus leagalese protecting them from other agents collecting money from this agreement or our working with other agents, we have already contacted the IRS and other people whom this person owes lots of money before mediation. We can not sign final agreement the lawyer wrote up for these reasons. Our lawyer says we need to get another lawyer if we do not sign. We want to know what the rescinding process is.


Asked on 12/03/07, 7:22 pm

1 Answer from Attorneys
Clayton Lee Russakow, Ryan & Johnson

Re: rescinging mediation agreement

So you signed the agreement or you didn't? If you already signed the agreement, then why is anyone adding terms and provisions after the fact? That terms and conditions are being added after the fact would lead me to believe that you had a tentative settlement or memorandum of understanding, but no binding agreement, in which case rescission would not be an issue. Please submit with clearer facts.

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Answered on 12/03/07, 7:36 pm


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