Backing Out of Mediated Settlements
What happens when, after reaching a settlement in mediation, one party decides to back out of the deal? A verbal agreement between the parties is inadmissible to enforce, because Tenn. R. Evid. 408 bars statements in compromise negotiations. An agreement in writing, on the other hand, can be enforceable under general contract law. Take a look to Myers v. Myers from the Eastern Section Court of Appeals for some brief law and cites to earlier decisions on the subject.
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