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Pressing charges after completing mediation

If someone settles in mediation, they can't turn right around and press charges against the people they just settled with, can they? (especially when the charges are bogus and made up?) I thought the whole point of mediation was to resolve the situation... so signing it is agreeing to end the process, isn't it? Wouldn't turning right around and filing new charges (fake ones) completely contradict the signed agreement? Couldn't they get in trouble, especially since they were the ones up against charges in the first place and only got off because the other party agreed to mediate?

Our cousins dropped the criminal (harassment) charges in favor of mediation, because they just want to be left alone, but the other party (after signing the agreement) apparently turned right around to pull charges on them, as well as trying to get money out of our cousins that they don't even owe them.
(our cousins haven't done anything to them, btw)

 
Anonymous

Asked by Anonymous at 10:41 AM on Sep. 4, 2010 in Relationships

This question is closed.
Answers (5)
  • Well, if so then the other party broke the agreement and it's null and void. Then your sister should be able to press the original charges. She should go in and talk with the DA. And with all this crap the other party is pulling, the DA may decide to tack on additional charges and press for harsher sentencing.
    Raine2001

    Answer by Raine2001 at 2:48 PM on Sep. 4, 2010

  • Mediation as I hear is about settling disputes and as far as I know they can't come back and refile charges but idiots will try anything. I know my stepdaughter does she agrees to things in mediation but when it comes to the actual custody thing she says that's not what she wants then. I would think the whole thing should be documented but I don't know that for sure
    Moms_Angels1960

    Answer by Moms_Angels1960 at 11:12 AM on Sep. 4, 2010

  • If a person dropped the charges,the State can pick them back up.It is called a secret indictment.But if the state filled charges and you were found not guilty,they cannot refile against you.That is called Double Jeopardy.States also have a Statue of Limitation.Murder does not carry that but every other charge does.And it can range from 3 years to ,I believe, 7 years.It might also depend on what State you reside in. Good luck!
    bvannkissy

    Answer by bvannkissy at 1:53 PM on Sep. 4, 2010

  • I'm not talking about the state. My cousin wanted a restraining order, and the DA wanted to press for criminal charges against the person as well, but told my cousin if she wanted to mediate they would drop the charges on the person, too (so they let my cousin decide to settle out of court against the other person). And after my cousin dropped the charges and they settled the other person went to file on her, even though she hasn't' done anything and the person agreed in the settlement to leave her alone.

    My way of thinking would be - if the charges were to be filed, they would be proven erroneous in court, and then, since the agreement says that she can't bother my cousin for 2 years without all the criminal charges being brought up, couldn't they turn around and slap her with the charges she just got out of for trying to manipulate the court system as a way to harass my cousin?
    Anonymous

    Comment by Anonymous (original poster) at 2:13 PM on Sep. 4, 2010

  • Thanks, I'll be sure to tell her that when I talk to her!
    Anonymous

    Comment by Anonymous (original poster) at 3:08 PM on Sep. 4, 2010

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