Mediation Settlement Question/Regrets

Have you signed a written agreement? Has the other side taken steps in reliance on your agreements that would hurt the other side when you announce you have reneged on your agreements? If you haven't signed anything, you may be able to withdraw your agreements and go to trial. If you go to trial, the mediation discussions will likely be barred by the evidence rules (negotiation discussions) but if the other side relied on your agreement and was harmed as a result, there could be financial sanctions, attorney fees awards, or other financial downsides resulting from you changing your mind. You definitely should talk to an attorney in Clearwater, Florida to find out what your options are under Florida law so you can weigh the risks and benefits of changing your mind.

1. Generally, when you sign a settlement agreement, you cannot walk away from it. 2. Generally, information obtained at mediation cannot be used at trial. But first you have to worry about extracting yourself from the settlement agreement. Eric N. Assouline, Esq. Business Litigation ASSOULINE & BERLOWE, P.A. ATTORNEYS AT LAW 213 E. Sheridan Street, Suite 3 Dania Beach, Florida 33004 Telephone: 954-929-1899 Facsimile: 954-922-6662 Email: [email protected] www.assoulineberlowe.com Commercial Litigation, Intellectual Property, Creditors' Rights and Bankruptcy, Real Estate, and Corporate Law Miami · Ft. Lauderdale · Boca Raton · Ft. Myers

The settlement agreement you signed may provide for remedies in the event of breach, and changing your mind would be a breach - having 2nd thoughts, not choosing the mediator, and being pro se aren't considered good excuses. So you now face a breach of contract claim rather than the original trial, and if FL has a statute like CA's CCP 664,6, the other side can enforce this out of court settlement. Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.