How can I undo a signed slip and fall settlement agreement after mediation?: North Carolina
How can I undo a signed slip and fall settlement agreement after mediation? - North Carolina
Short Answer
In North Carolina, a settlement agreement and release signed after mediation is usually binding. You can try to undo it only if a valid contract defense applies, such as fraud, duress, undue influence, mutual mistake, or lack of capacity. There is no automatic “cooling off” period. If a court order or dismissal was entered based on the settlement, you may need to seek relief quickly under the civil rules.
Understanding the Problem
You want to know whether you can undo a North Carolina slip and fall settlement you signed at mediation so you can seek more pain and suffering. The client signed the agreement after reviewing only the signature page. The issue is whether North Carolina law lets you rescind or set aside that signed settlement and release.
Apply the Law
In North Carolina, mediated settlements and releases are treated as contracts. Once signed, they are enforceable unless a recognized contract defense applies. Reading only the signature page does not, by itself, void the agreement. Initialing each page is not required under North Carolina law. If a court has already entered a dismissal or consent judgment based on the settlement, relief must come through a motion in that case; otherwise, you typically file a new civil action asking for rescission or a declaration that the release is invalid.
Key Requirements
Written, signed agreement: A mediated settlement must be in writing and signed by the parties to be enforceable.
Valid grounds to unwind: You need a contract defense such as fraud (material misrepresentation), duress/undue influence (wrongful pressure destroying free choice), mutual mistake (both sides wrong about a key fact), or lack of capacity.
No duty to initial pages: North Carolina does not require initials on every page; a valid signature usually binds the whole document.
Prompt action and potential tender-back: If you received settlement money, courts often expect you to promptly return or offer to return it before seeking rescission.
Forum and deadlines: If a dismissal or consent judgment was entered, seek relief in that case; some grounds have a one-year limit. If no court order exists, file a new suit in Superior Court.
Apply the Rule to the Facts: Because you signed a written settlement and release, North Carolina law presumes it is binding. Not reading beyond the signature page is usually not a legal basis to void the agreement. To reopen it, you must show a recognized defense—such as a material misrepresentation made to induce your signature, wrongful pressure that overcame your free will, both sides being mistaken about a key fact, or that you lacked legal capacity at the time.
Process & Timing
Who files: The injured party seeking to undo the settlement. Where: If your case was dismissed or a consent judgment entered, file a motion for relief in the same county’s Superior Court case; file with the Clerk of Superior Court and notice the motion for hearing. If no court order exists, file a new civil action in the county’s Superior Court seeking rescission and/or a declaratory judgment that the release is invalid. What: Motion for Relief from Judgment (Rule 60) or a Complaint for Rescission/Declaratory Judgment; attach the settlement/release. When: File promptly; Rule 60(b)(1)-(3) grounds (mistake, newly discovered evidence, fraud/misconduct) must be filed within one year of the judgment/dismissal and within a reasonable time.
Preserve the status quo: If you received settlement funds, be prepared to return them or place them in trust while the court considers rescission. If the other side threatens enforcement, you may also request interim relief from the court.
Hearing and outcome: The court will decide whether your evidence meets a recognized defense. If granted, the court can set aside the dismissal or declare the release unenforceable, allowing your injury claim to proceed or be renegotiated.
Exceptions & Pitfalls
Simply not reading the full document is rarely a defense; North Carolina presumes you are bound by what you signed.
Initialing each page is not required; a signature can bind the entire agreement.
Integration/merger clauses can block reliance on alleged side promises not written into the agreement.
Mediation communications are confidential; focus on non-privileged proof of fraud or duress (e.g., emails, drafts, texts).
If you were a minor or lacked capacity when you signed, different rules can apply; court approval issues may affect enforceability.
Delay can prejudice your case; courts expect prompt action and, often, return of settlement funds when seeking rescission.
Conclusion
In North Carolina, a signed mediation settlement and release in a slip and fall case is generally final. You can unwind it only if you prove a valid contract defense like fraud, duress, mutual mistake, or lack of capacity. If a dismissal or consent judgment was entered, seek relief in that same case—file a Rule 60 motion in Superior Court—ideally within one year for certain grounds. Otherwise, file a new Superior Court action for rescission or declaratory relief.
Talk to a Personal Injury Attorney
If you're dealing with a signed mediation settlement and want to know whether you can set it aside, 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.
