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ADR: Paths to Settlement

Resolución Alternativa de Disputas: Vías a la conciliación

14. Is the agreement legally enforceable?

Yes.  If your case is in Metropolitan or Magistrate Courts, if the terms of an agreement reached in mediation are not fulfilled, the parties agree that the non-breaching party may, within five (5) years of the date on which the Stipulation of Dismissal was filed with the Court, file a Motion for Judgment and Statement of Non-Compliance with the Court, together with a copy of the mediated agreement.  If such a motion is filed with the Court, the case will be re-opened, and the breaching party has fifteen (15) days to respond to the motion and request a hearing so the matter can be heard by the judge.  If the beaching party does not respond or request a hearing, the parties agree that the court may enter a judgment against the party who breached without holding a hearing.  If there is a default, judgment will be entered for the original amount claimed, plus court costs, less any payments received.

If your case is in District Court, you must follow the Rules of Civil Procedure for District Courts to enforce your agreement.

Please note Metropolitan and Magistrate Court Judges do not have legal authority to enforce a mediated agreement which includes the performance of a service or exchange of items (non-monetary agreements). If a mediated agreement includes either one or both of these items and the mediated agreement is breached, then the parties agree the judge may convert the performance of a service or exchange of items into a monetary form and enter a judgment. The parties are encouraged to determine what that amount should be and include that as a part of their mediated agreement.

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