Short Answer

In North Carolina, a written settlement and release you signed is generally enforceable even if you only reviewed the signature page. Initialing each page is not required. To set it aside, you must show a recognized contract defense—such as fraud, duress, mutual mistake, or incapacity—and you may need to return (or offer to return) the settlement money if you seek rescission. If a court order or dismissal was entered, strict deadlines apply.

Understanding the Problem

You are a North Carolina personal injury plaintiff asking whether you can undo a mediated settlement and 11-page release you signed after reviewing only the signature page. You want to know if you can challenge it now to pursue additional pain and suffering.

Apply the Law

In North Carolina, mediated settlements are treated as contracts. A settlement reached at a court-ordered mediation is enforceable if it is reduced to writing and signed by the parties. Reading every page is your responsibility; not initialing each page does not invalidate a signed agreement. A party seeking to avoid a settlement must prove a recognized ground to set aside a contract (for example, fraud in the inducement, duress, mutual mistake, or, in limited cases, unilateral mistake plus inequitable conduct). If you seek rescission of a release, North Carolina law often requires you to tender back (return or offer to return) the settlement funds before or as part of asking the court to unwind the deal. The forum for enforcement or challenge is the Superior Court, Civil Division; if a consent judgment or dismissal with prejudice was entered, relief typically proceeds under the civil rules governing relief from judgments, which have firm time limits.

Key Requirements

• Written and signed: A mediated settlement must be in writing and signed by the parties to be enforceable.
• No initials needed: North Carolina law does not require initials on each page; your signature binds you to the full document.
• Grounds to set aside: You must show fraud, duress, mutual mistake, incapacity, or similar contract defenses; mere regret or failure to read is not enough.
• Tender-back for rescission: If you want to rescind a signed release, you may need to return (or offer to return) the settlement money, subject to limited exceptions.
• Forum and deadlines: Challenges are brought in Superior Court; if a consent judgment or dismissal exists, seek relief under the civil rules and watch the one-year window for certain grounds.

What the Statutes Say

• North Carolina Gen. Stat. § 7A-38.1 (Mediated settlement conferences) - Court-ordered mediation in Superior Court civil actions; settlements reduced to writing and signed are enforceable.
• North Carolina Gen. Stat. § 1A-1, Rule 60(b) (Relief from judgment or order) - Allows setting aside a consent judgment or dismissal on specified grounds; some must be filed within one year.

Analysis

Apply the Rule to the Facts: Because you signed a written mediation settlement and an 11-page release, the agreement is presumptively enforceable even though you only reviewed the signature page and did not initial each page. To undo it, you would need evidence that you were misled about essential terms (fraud), unlawfully pressured (duress), or that both sides shared a fundamental mistake. If you already received settlement funds and want rescission, you should be prepared to return or offer to return those funds. If a court entered a dismissal with prejudice based on the settlement, any motion to set it aside for mistake or fraud has a one-year deadline.

Process & Timing

1. Who files: The party seeking to enforce files a motion to enforce the mediated settlement in the existing Superior Court case; the party seeking to challenge files an opposition and, if applicable, a motion to set aside or for rescission. Where: Superior Court, Civil Division in the county where the case is/was pending. What: Motion to Enforce Settlement or, if a judgment/dismissal entered, a Motion for Relief from Judgment under Rule 60(b); if no case is pending, a civil complaint for declaratory relief and rescission. When: If proceeding under Rule 60(b)(1)-(3) (mistake, newly discovered evidence, fraud), file within one year of entry of the judgment or dismissal; other grounds require filing within a reasonable time.
2. The court typically schedules a hearing; expect limited discovery focused on formation of the settlement and the release (communications, drafts, timing, and consideration). Timeframes vary by county.
3. After the hearing, the court may enforce the settlement, deny enforcement, or grant relief (e.g., set aside a dismissal or declare the release void/rescinded). If rescission is granted, the case returns to the litigation track.

Exceptions & Pitfalls

• Initials vs. signature: Your signature binds the entire agreement; lack of initials on each page usually does not matter.
• Failure to read: Not reading the document is generally not a defense in North Carolina.
• Tender-back trap: Seeking rescission without offering to return settlement funds can derail your challenge.
• Form agreements: Many mediation forms state that a later, detailed release will control if terms conflict; signing that later release can strengthen enforceability.
• Deadlines: If a court order or dismissal was entered, Rule 60(b) deadlines are tight; delaying can forfeit relief.

Talk to a Personal Injury Attorney

If you're dealing with a signed settlement and wondering whether you can undo the release to pursue more compensation, 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.