Can A Mediated Settlement Agreement Be Set Aside?

Originally published at irvinschein.com.

Mediators and lawyers go to great lengths to protect themselves from parties who agree to settlements at mediation and later have a change of heart. The courts are just as vigilant in preserving the settlement agreements themselves and requiring parties to abide by them. Under what circumstances would a court agree to set aside a mediated settlement agreement? The recent case of Rawlins v. Rawlins provides us with some guidance.

In this case, two brothers were the estate trustees for the estate of their late mother. Disputes arose between them with respect to the administration of the estate. Their lawyers attended a mediation to try to settle those disputes.