Can I enforce a mediated settlement agreement in Trinidad if the other side refuses to pay?

In Trinidad and Tobago, a signed mediated settlement agreement is a legally binding contract. If the other side is 'changing their mind' after signing, they are likely in breach of contract.

Because you’ve already reached a signed agreement, the law generally treats this as a new, independent contract that replaces the original dispute. Here is how you can move forward with enforcement.

1. Check the Nature of the Mediation
How you enforce the agreement depends on whether you were already in court when you signed it:
- If a Court Case was Already Filed: If the mediation was 'court-annexed' (referred by a judge), the agreement should have been entered into the court record as a Consent Order. If it was, you don't need to sue them again; you can skip straight to enforcement (e.g., a writ of execution to seize assets or garnish bank accounts).
- If No Court Case Exists (Private Mediation): If you settled this before any lawsuit was filed, the signed document is a private contract. To enforce it, you must file a breach of contract claim in the High Court (or Magistrates' Court, depending on the amount).

2. Can They "Change Their Mind"?
Legally, no. In Trinidad, a settlement agreement is final unless they can prove a severe legal flaw, such as:
- Duress: They were physically or illegally forced to sign.
- Fraud: You intentionally lied about a material fact that induced them to sign.
- Incapacity: They were not of sound mind during the session.
Simply "regretting the deal" or "changing their mind" is not a valid legal defense.

3. Steps to Enforce the Agreement
If they refuse to pay, you should follow this general progression:
1) Demand Letter (Pre-Action Protocol): Have an attorney send a formal letter demanding payment by a specific date, citing the signed mediation agreement. This shows the court you tried to resolve it reasonably.
2) Apply for Summary Judgment: If you have to sue for breach of contract, your lawyer can often ask for a "Summary Judgment." This is a faster process where the judge rules in your favor without a full trial because the signed agreement is clear evidence that there is no real defense.
3) Enforcement Proceedings: Once you have a court judgment (or if you already have a Consent Order), you can:
- Writ of Execution: Direct the court marshal to seize and sell their property to pay the debt.
- Garnishee Order: Divert money from their bank account or salary directly to you.

4. Does it need to be filed in court?
It does not automatically need to be filed to be valid, but it must be brought to court to be enforced. A piece of paper signed in a mediator's office cannot freeze a bank account on its own—only a court order can do that.

Note: If your agreement was reached through a mediator certified by the Mediation Board of Trinidad and Tobago, the court will give it significant weight and is usually very protective of the mediation process's finality.