Binding Mediation


#1

I went through court order mediation with my ex and we came to an agreement. We signed the stipulations and they were notarized . Their attorney was suppose to draft the separation agreement per the stipulations. The draft agreement is nothing like the agreement we signed. What is my recourse at this time? The stipulations also specified the the mediator word be the final arbiter.


#2

The terms in your Memorandum of Mediated Settlement Agreement should be the same as what’s included in the separation agreement. If it’s not, and you and the other party’s attorney cannot work out the differences in language, then the issues will need to be submitted back to the mediator, as per your Memorandum of Mediated Settlement Agreement, for him or her to act as an arbitrator and make a final decision.

Generally, the other party is going to have a hard time arguing that the terms should be changed if they are clear in the Memorandum of Mediated Settlement Agreement.


Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

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