Short Answer

In North Carolina, once you sign a written settlement and release, it is generally binding. You can try to renegotiate, but the other side does not have to agree. To undo a signed settlement, you must show a valid legal ground (for example, fraud, duress, mutual mistake, lack of capacity, or unconscionability), and follow the correct court procedure. If a dismissal with prejudice has been entered, you typically must seek relief under Rule 60(b) within strict time limits.

Understanding the Problem

You want to know whether you can renegotiate or undo a personal injury settlement you signed after mediation in North Carolina. The key decision: can you set aside or reopen a signed settlement and release so you can seek more pain and suffering money? One salient fact here is that you signed an 11-page settlement and release after reviewing only the signature page.

Apply the Law

Under North Carolina law, a mediated settlement agreement in a civil case is enforceable if it is reduced to writing and signed by the parties. A separate release you sign is a contract and is presumptively valid. Initialing each page is not required for enforceability, and not reading the full document is generally not a defense. If a lawsuit was dismissed with prejudice based on the settlement, reopening typically requires a motion under Rule 60(b) in the same court, and certain grounds have a one-year deadline. If the case was not yet dismissed, the court can decide disputes about enforcing or setting aside the settlement.

Key Requirements

• Signed writing: A settlement is usually binding if it is written and signed by the parties.
• Recognized ground to undo: You must show fraud, duress, mutual mistake, lack of capacity, or unconscionability; mere regret or not reading the full document is not enough.
• Procedural posture: If a dismissal with prejudice already entered, you must seek relief under Rule 60(b); if not, you may move in the pending case to set aside or oppose enforcement.
• Timing: Some Rule 60(b) grounds (mistake, newly discovered evidence, fraud/misconduct) have a firm one-year limit; others require filing within a “reasonable time.”
• Tender-back principle: To rescind a release, you generally must return (or offer to return) the settlement funds you received.
• Form distinction: A “Mediation Summary” is typically nonbinding; a signed settlement agreement/release is binding.

What the Statutes Say

• N.C. Gen. Stat. § 7A-38.1 (Mediated settlement conferences in Superior Court) - Authorizes mediation in civil cases; written, signed agreements are enforceable.
• N.C. R. Civ. P. 41 (Voluntary dismissal) - Parties often file dismissals with prejudice after settlement.
• N.C. R. Civ. P. 60(b) (Relief from judgment or order) - Sets grounds and deadlines to set aside a judgment or dismissal.

Analysis

Apply the Rule to the Facts: Because you signed an 11-page settlement and release, North Carolina law treats it as a binding contract. To undo it, you would need a recognized ground like fraud, duress, or mutual mistake; not reading the entire agreement or not initialing each page typically will not suffice. If your case was dismissed with prejudice after settlement, you must seek relief under Rule 60(b) and meet its deadlines; if it was not dismissed, you can ask the court in the pending case to set aside or decline to enforce the settlement.

Process & Timing

1. Who files: Injured plaintiff. Where: North Carolina Superior Court where the case is/was pending. What: If a dismissal/order has already entered, file a Motion for Relief from Judgment under Rule 60(b). If no dismissal, file a motion in the case to set aside or oppose enforcement of the mediated settlement/release. Include affidavits and any exhibits. When: File promptly; Rule 60(b)(1)-(3) grounds must be filed within one year of the judgment.
2. Ask the court to stay any dismissal filing or disbursement pending the motion. Be prepared to tender back settlement funds if you are seeking rescission of the release.
3. After the hearing, the court may enforce the settlement, deny enforcement, or set aside the dismissal/settlement. If set aside, you can resume litigation or renegotiate from a clean slate.

Exceptions & Pitfalls

• If you only signed a nonbinding “Mediation Summary,” it is generally not enforceable; a signed, detailed settlement agreement/release usually is.
• Courts typically will not set aside a settlement because a party failed to read it or did not initial each page.
• If you accepted funds, be ready to return or offer to return them if you seek rescission.
• Minors or incompetent adults: settlements usually require court approval; different procedures and protections apply.
• Act quickly—delays can forfeit Rule 60(b) rights and make renegotiation less likely.

Talk to a Personal Injury Attorney

If you're dealing with a signed personal injury settlement and want to know whether it can be undone or renegotiated, our firm has experienced attorneys who can help you understand your options and timelines. Call us today at [919-341-7055].

Disclaimer: This article provides general information about North Carolina law based on the single question stated above. It is not legal advice for your specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed North Carolina attorney.