, Derry, New Hampshire


May 9, 2013

ABOUT THE LAW: Mediation is usually upheld

I just finished a mediation session two days ago and we came to an agreement. After getting home and looking over everything I feel that I was treated unfairly.

The agreement puts me in a very tight position financially. I felt like I was pushed into accepting this. I have the original signed paper. Can I choose not to file it because I no longer agree?

An agreement is an agreement. By trying to go back on the deal, you could face problems. The other side can file a motion to enforce settlement.

Courts more often than not confirm mediation settlements as a matter of policy. Otherwise, everyone would be wasting their time in alternative dispute resolution.

In very rare instances, there are, in fact, mediations that end in a bad forced result and if you honestly feel this is the case, retain an attorney to review the deal. Ninety-nine percent of the time, mediations are upheld.

Is a fast food joint liable if broken glass was in the drive-thru lane and one of my expensive truck tires received irreparable damage?

I was going through a 24-hour drive-thru late at night and paid at the first window. As I drove to the second window, I heard a burst of air from one of my front tires. In 10 seconds, it was flat.

There was broken glass and I reported this. Since then, they do not return phone calls. What can I do?

Owners of property have a duty to reasonably maintain the premises. What that means is that if there is a foreseeable danger, they are responsible to clean it up before there’s a problem. But, there’s always an issue as to whether they knew or should have known of the problem.

Send them priority mail with the bill for the new tire and reference to the incident. Hopefully, there was some type of incident report or you have a receipt from your visit. Give them a certain defined time to pay. Thirty days is standard.

If they do not make it right, take it to small claims court.

The other option is to make a claim with your own insurance company. If they pay, they may choose to go after the establishment themselves to recoup the loss.

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