Legal Question in Mediation in Illinois

Breach of Mediation Agreement

We had a mediation agreement with our former contractor to do some clean up work on the job site. This was to be completed by 11-13. On 11-12 he called to tell us he can't get a trailer and that he'll try to have it done by 11-22. What options do we have at this point?


Asked on 11/13/08, 7:54 am

1 Answer from Attorneys

Motty Stone Law Offices of Motty Stone

Re: Breach of Mediation Agreement

If the mediation agreement says that you will dismiss your claim "without prejudice" then you can reinstate your lawsuit for failure to comply with the mediation agreement.

If the mediation agreement says that you will dismiss "with prejudice" then you have to go through enforcement court.

There may be other options depending on what the agreement says. It is probably worth waiting a week to see if the contractor comes through.

Please feel free to contact us if you want to talk about your case.

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Answered on 11/13/08, 10:39 am


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