Q: Is a signed mediation agreement reached during small claims court a legal binding contract?

The defendant owed the Plantiff for work done on a piece of property. She put the property up as collateral in mediation and said she would give it to the Plantiff if she defaulted. She made a payment towards the past due after signing and the mediation agreement was put into record for the settlement of the case. The judge allowed the agreement regardless of the value of the property as Defendant owned it outright and it was defendants idea to use it as collateral. Defendant defaulted judge awarded property to Plaintiff. Was the signed agreement a legal contract and can agreement reached in mediation be legal if collateral value is higher than small claims.

2 Lawyer Answers
James L. Arrasmith
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Answered
  • Arbitration & Mediation Lawyer
  • Sacramento, CA
  • Licensed in California

A: Under California law, a mediation agreement reached during small claims court is generally considered a legally binding contract. When both parties sign a mediation agreement, they are agreeing to its terms and conditions, and it becomes enforceable.

In your situation, where the defendant used their property as collateral in the mediation agreement and then defaulted, the judge's decision to award the property to the plaintiff is in line with the terms of the agreement. The enforceability of such an agreement is not typically affected by the value of the collateral, even if it exceeds the monetary limits of small claims court.

However, it's important to ensure that the mediation agreement was drafted clearly and covered all necessary legal aspects to be enforceable. It's advisable to review the agreement with legal counsel to confirm its validity and to understand the steps required for enforcement.

In summary, if the mediation agreement was properly executed and recorded, and both parties agreed to its terms, it is considered a binding legal contract, and its enforcement is supported by the court, especially in cases of default by one of the parties.

Tim Akpinar
Tim Akpinar
Answered
  • Arbitration & Mediation Lawyer
  • Little Neck, NY

A: Yes, agreements made in the course of legal proceedings are generally binding (absent ordinary contract law defenses, such as fraud, duress, and others.) Good luck

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