Writing Tip - Enforceable Agreements

10/16/2017 9:47 PM | Jeanne Jackson-Heim (Administrator)

To have an enforceable mediation agreement, the language must require a party to do or not do something. Thus, an agreement that says "the parties agree to pay their share of expenses within 30 days” is likely unenforceable.  The agreement should say, “the parties shall pay their share…”

Likewise, a clause requiring a child or other third party to do something is also unenforceable. For example, "the day care provider shall notify the non-custodial parent if the child becomes ill" is not something the court can enforce because the day care provider is not a party to the agreement.



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