Short Answer

In North Carolina, a signed settlement agreement and release is usually binding, especially if it was reached at a court-ordered mediation and put in writing with signatures. You can try to undo it only on narrow grounds like fraud, misrepresentation, duress, or lack of capacity, and you must act quickly. If the court case was dismissed based on the settlement, you typically seek relief through a Rule 60(b) motion, which has strict deadlines. Not initialing each page does not void the agreement.

Understanding the Problem

You’re asking whether, under North Carolina personal injury law, you can undo or renegotiate a settlement agreement you signed after a slip-and-fall mediation when you only reviewed the signature page. The focus is on what a North Carolina plaintiff can do after signing a release, and what deadlines or procedures apply if the case was dismissed because of that settlement.

Apply the Law

North Carolina treats settlement agreements and releases as contracts. Agreements reached in Superior Court mediations must be reduced to writing and signed to be enforceable. Once signed, rescinding the agreement requires showing a recognized contract defense (for example, fraud, misrepresentation, duress, or lack of capacity). If the court entered a consent judgment or the parties filed a voluntary dismissal with prejudice, you generally must ask the Superior Court to set that aside under Rule 60(b) of the Rules of Civil Procedure within specific time limits. Mediation communications are confidential, so courts often focus on the written agreement itself rather than what was said during mediation.

Key Requirements

• Written, signed agreement: A mediated settlement must be in writing and signed by the parties to be enforceable; many mediators use standard AOC mediated settlement forms.
• Valid grounds to undo: To set aside a signed release, you must prove fraud, misrepresentation, duress/undue influence, or lack of capacity. Regret or attorney oversight alone usually is not enough.
• Prompt action and ratification risk: If you keep and spend the settlement money, a court may treat that as ratifying the release. Act promptly and be prepared to return funds if the court requires.
• If a dismissal or judgment entered: Relief typically comes via a Rule 60(b) motion in the same Superior Court case; certain grounds (like fraud or mistake) have a one‑year outer limit from the order/dismissal.
• Mediation confidentiality: You usually cannot rely on confidential mediation communications; courts focus on the signed document and admissible proof of any wrongdoing.

What the Statutes Say

• North Carolina Gen. Stat. § 7A-38.1 (Mediated settlement conferences) - Authorizes Superior Court mediation; mediated settlements are governed by court rules requiring written, signed agreements.
• North Carolina Gen. Stat. § 1A-1 (Rules of Civil Procedure) - Rule 60(b) allows relief from a judgment or dismissal for reasons like mistake or fraud, subject to strict time limits.
• North Carolina Gen. Stat. § 1-254 (Declaratory judgment) - Lets a party file a civil action to determine rights under a written contract, such as a settlement or release.
• North Carolina Gen. Stat. § 1-15(c) (Professional malpractice time limits) - Sets the three-year period (with a four-year repose and limited discovery rule) for malpractice claims, which may apply to claims against prior counsel.

Analysis

Apply the Rule to the Facts: You signed an 11-page settlement and release after reviewing only the signature page. Because the agreement was signed, North Carolina law will likely treat it as binding. To undo it, you would need to show a recognized contract defense (e.g., fraud, misrepresentation, duress, or lack of capacity) tied to the signing. Your attorney’s failure to review the full document, by itself, typically does not void the agreement; that issue is usually pursued as a separate malpractice claim against the attorney, subject to the deadlines above.

Process & Timing

1. Who files: The injured party (plaintiff). Where: Superior Court (through the Clerk of Superior Court, Civil Division) in the county where your case is or was pending. What: If the court entered a consent judgment or a voluntary dismissal with prejudice, file a Motion for Relief from Judgment under Rule 60(b) and a motion to stay enforcement if needed; if no court order exists (pre-suit settlement), file a verified complaint seeking rescission/declaratory relief of the release. When: For Rule 60(b) reasons like mistake, inadvertence, or fraud, file within one year of the judgment/dismissal; other grounds must be raised within a reasonable time.
2. Gather and attach the signed settlement agreement/release, any mediated settlement memorandum, and affidavits or admissible evidence supporting your grounds (for example, proof of misrepresentation). Expect the court to set a hearing; timeframes vary by county.
3. After the hearing, the court will enter an order granting or denying relief. If granted, the case may be restored to the docket for further proceedings or the agreement may be reformed; if denied, the release stands and the case remains closed.

Exceptions & Pitfalls

• Initials vs. signature: Not initialing each page rarely affects enforceability if you signed the agreement.
• Spending the money: Using settlement funds can be treated as ratifying the deal. Keep funds segregated and be prepared to tender them back if the court requires.
• Mediation confidentiality: You generally cannot use mediator testimony or confidential mediation communications to prove what was said; focus on the written terms and independent evidence of any wrongdoing.
• Attorney negligence: A lawyer’s oversight does not automatically void a settlement; your remedy is typically a separate malpractice claim with its own deadlines.
• Broad releases: Many releases cover “all claims, known or unknown.” Narrow, specific proof is needed to overcome such language.

Talk to a Personal Injury Attorney

If you're dealing with a signed settlement you believe was unfair or the process felt rushed, 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.