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Questions going inot Mediation.

Started by Juanab, Feb 10, 2007, 08:20:13 AM

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mistoffolees

There are obviously a lot of complexities.

I would prefer to have the two people sign the agreement when they walk out of mediation. Even though it's not binding until the court approves it, it is clear evidence of their state of mind at the time. Also, it may make them take it a bit more seriously.

It really bugs me when someone agrees to something, signs it, and then later says "I never really meant it and never meant to honor it" (as my stbx did). The OP walked out thinking they had an understanding and resolution - only to have the rug pulled out from them later. Forcing someone to sign the agreement won't prevent that problem from occurring, but perhaps it will make it a bit less likely.

In fact, I'd go further. IMO, when you sign an agreement with appropriate legal representation, you should not be able to change it without showing good cause. In the case of mediation, you always have the option of saying there's no agreement and walking out. Signing the agreement should be enforceable - unless there's a signfiicant reason why not. The current system doesn't help anyone - except wishy washy or dishonest people.

Juanab

It is my understanding that if an agreement is made in this state that the judge will review it and make it official.  This is a court ordered Mediation.  She Declined to a voluntary one.  So I believe that the judge will be involved at some point.

Ref

in Florida. It was a court ordered mediation with the understanding that the judge will approve any signed agreement.

Ref

POC

Somehow, lost in all of this is that there are no negative ramifications to a party who does not want to agree with their STBX or ex in mediation. Nothing is binding unless you agree to it, and then has been mentioned, it later becomes part of the CO.

Best advice is to bring lots of lunch money.

MixedBag

and realize that you two may agree to somethings and not other things.

you may not agree to anything.

Just because mediation is ordered, doesn't mean there will be an agreement.

And something tells me ... there won't be an agreement.