How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ash Your Own Question
Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
75100385
Type Your Law Question Here...
Ash is online now

Out of court settlement was made through mediation process.

Customer Question

Out of court settlement was made through mediation process. The amount is one third of my demand. I am now fighting against my own directors of the firm because they refused to sign the final agreement for payment. reasons: The payment of money had gone on for 5year and if they are going to accept low amount, the interest on the offer put forward  must be included. Will my initial agreement holds? There are three directors.

Submitted: 3 years ago.
Category: Law
Expert:  Nicola-mod replied 2 years ago.
Hello,
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Customer: replied 2 years ago.

Am waiting please this urgent

Expert:  Nicola-mod replied 2 years ago.
Hello,
We will continue to look for a Professional to assist you.
Thank you for your patience,
Nicola
Customer: replied 2 years ago.

Not good enough

Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you with this.
You mean you are having problems authorising the mediation amount or you are not happy with it?
Alex
Customer: replied 2 years ago.

Yes not authorising because other directors

pointer out why it was not good

Expert:  Ash replied 2 years ago.
Sadly your agreement is binding. The other side could sue the company for breach of contract.
The mediator will ask at the outset if you have authority to settle, I assume you said yes.
Therefore there is now a binding agreement at mediation which the company can be sued for breach.
Can I clarify anything for you about this today please?
Alex
Customer: replied 2 years ago.

What will they be suing for?

Expert:  Ash replied 2 years ago.
The actual settlement which was agreed.
Alex
Customer: replied 2 years ago.

The position of the directors was the the offer did not include interest since the same offer was made 4years ago

Expert:  Ash replied 2 years ago.
That makes no difference.
If you were not happy with settlement you should not have agreed it at mediation.
Its a binding contract at mediation.
Alex
Customer: replied 2 years ago.

Directors will accept but would like interest to be assessed into the offer

Expert:  Ash replied 2 years ago.
That is too late.
The offer was at mediation. If you wanted interest that should have been agreed at mediation.
Anything post mediation is too late.
You have a contract which you agreed to.
I am sorry.
Alex
Customer: replied 2 years ago.

Are saying they will seeing the company for the amount they offer?

Expert:  Ash replied 2 years ago.
Yes, they can.
Mediation is binding and a contract.
I am sorry.
Alex
Expert:  Ash replied 2 years ago.
If this answers your question could I invite you rate my answer before you leave today.
If the system won’t let you please click reply.
Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/