What if the other side later refuses to follow the agreement?

Often participants will include in the agreement what is to happen if one side does not comply with the agreement. If the agreement does not include such a provision then you need to decide how important the failure to follow the agreement is to you. That is, is it only one small part of the agreement, or a major part of the agreement. If you decide that the failure to follow the agreement is important to you, there are several things you can do:

  • ♦    You can ask the party to return to mediation to see if you can resolve the disagreement. Try to anticipate this problem by addressing this issue in the agreement itself. You can include a provision in the agreement that allows for more mediation sessions if one side is not following the agreement.
  • ♦    The signed agreement that you and the other party entered into is considered a contract. You can ask a court to find that the contract was broken and order the other side to follow the agreement. To do this you may want to talk with a lawyer first about how to proceed and decide whether you want a lawyer to help you.

Marc P. Feldman’s Divorce Mediation Center of New Jersey serves clients in Parsippany, Morristown, Morris Township, Morris Plains, Dover, Rockaway, Roxbury, ,Madison, Florham Park, Chester, Boonton, Chatham, Denville, Hanover, Florham Park, Kinnelon, Mendham, Mount Olive and all of Bergen County, Essex County, Hudson County, Middlesex County, Morris County, Passaic County, Somerset County, and Union County, New Jersey.


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