How can I prove a mediation agreement that is not filed in court records?
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How can I prove a mediation agreement that is not filed in court records?
I won a mediation agreement from the condo where I own a boat dock. About 10 years ago they agreed to pay the electric, water and provide a parking space. Now they are trying to get out of it by refusing to acknowledge the existence of a mediation agreement. Mediation agreements are of course not filed with the courts. I have a copy of the agreement but the condo’s lawyer says I can’t prove it’s authentic, even though they have been abiding by the agreement, paying my dock’s electric, water and have been giving me a space ever signed the agreement was signed 11 years ago. What can I do? I live there and now they are towing my car and threatening to cut power and water
Asked on April 13, 2019 under Real Estate Law, Florida
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
Why are you listening to the condo's attorney--it's his or her job to represent the condo, not you, and therefore he or she is supposed to get you to do what his or her client wants.
Yes, you have to prove the agreement is authentic in order to enforce it in court (you could either raise it as a defense against any legal action the condo brings against you in violation of the agreement, or else sue the condo for "breach of contract" to enforce its terms). But that can be done by your testimony and by the evidence that they have in fact abided by the agreement for 11 years, which is powerful evidence that it is in fact authentic. (Generally, people don't pay your bills or give you free space unless there was a contract or other ageement obligating them to do so.) You could also subupoena any mediator(s) involved to come and testify as to the agreement's legitimacy.
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