Legal Question in Mediation in California

preliminary settlement

All legalease and added stipulations were added to a document we signed at mediation. We were aware of a final document that would be circulatedsoon after in which legalese would be added which we were not aware of what these legalease were. We do not agree to these or added stipulation that were not in what we signed as a tentative settlement the night of mediation. Do I have to formally recind this tentative agreement in court as my lawyer states I do even though I never signed the final one they are providing. What do I need to do as my lawyer won't represent us if we don't sign.


Asked on 12/03/07, 8:16 pm

1 Answer from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

Re: preliminary settlement

Most of the legalese added to agreements are for the protection of one party or another. The most important -- from the defendant's standpoint -- is the waiver of future claims for past wrongs. The other is to make sure that a settlement does not admit that a party is at fault. If you don't agree to the terms of the new written proposal, either party might be able to move the court to enforce the agreement reached at mediation. Good luck!

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Answered on 12/03/07, 8:49 pm


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