Legality of Out-of-Court Mediated Stipulations


#1

Separated from my wife in May. In June we mediated over a 14 hour session with our attorneys. At the end of the night we signed and notarized a set of mediated Stipulations. The document is a two page spreadsheet with a bunch of notes scribled in the margin. The spreadsheet lists the financial assets and which party gets them but contains no valuation of any of those assets. No where in the spreadsheet does it say “the parties agree to”. In August my wife’s attorney prepared a draft Complaint, Consent Order, and Agreement but that has not been signed by anyone. At no time has our matter been placed in the court/judicial system. I understand that the State of North Carolina tends to look at attorney mediated out-of-court stipulations as contracts - especially if they have been notarized. On what grounds can I realistically get out of these Stipulations? Thank you.


#2

If the Stipulations were notarized you cannot withdraw your consent absent a showing of duress or contractual incapacity at the time of execution.