Legal Question in Real Estate Law in Massachusetts

Real Estate Mediation

If a verbal agreement is made at a mediation about property lines (Massachusetts) can you appeal it if you've changed your mind?


Asked on 5/06/09, 7:45 pm

2 Answers from Attorneys

Craig J. Tiedemann Kajko, Weisman & Colasanti, LLP

Re: Real Estate Mediation

It depends on the terms agreed upon for the mediation, such as whether any result reached through the mediation would be binding on the parties (or was previously agreed to be continuing negotiations, etc. <-- unlikely and rare). You and the opposing party also should have signed a mediation agreement with the mediator in advance of the event, which should set forth the basic agreed terms, probably including whether it was intended to be binding (usually it is; why else pay $ to a neutral if the result/agreement is not binding, disposing of the dispute?). A

Also, if a final, binding solution was arrived at during the proceeding, the mediator probably wrote up the basic terms of the agreement (even in his own hand) and had both parties sign, pending preparation of a more formal agreement. If you try to reneg on clear terms of a binding mediation you agreed to participate in, not only will the other party and the mediator likely be upset with you, you probably have no grounds for your position and likely will lose. Again, it depends on the specific facts involved.

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Answered on 5/06/09, 10:13 pm
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

Re: Real Estate Mediation

Your questions makes no sense. Mediation is usually not binding. If you agreed to be bound, you have a problem.

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Answered on 5/08/09, 7:12 am


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