Is there any recourse to a mediation agreement that is not written as verbalized by my own attorney, as long as recourse is enacted before the actual absolute divorce date in court?
I have a witness that attended mediation also. My attorney did not prepare me for mediation or even inform me of what it actually was…nor did I have the knowledge of
not agreeing or knowledge of refusing to sign. I completely trusted he had my best interests, but am doubtful , since so many things on agreement are not as stated.
I wasn’t given a copy that day, or allowed to read the final one. Instead, I felt coerced when he expressed I couldn’t afford him to pursue the case any further.
I am confused, did you sign something or not?
Yes. I did not read it first, for I was told to trust him (attorney) and that it was all we had discussed.
Although I did ask to read it. I have a witness…
You are presumed to have read anything that you signed. You can attempt to have the agreement set aside, but to do so is very difficult.
How would one go about having the agreement set aside?
I’m assuming this would mean having a new attorney, which I have no money for.
If I were to do it myself, how could I begin?
The absolute court date is this week, and I believe that is the 60 day limit.
You would need to file a motion to set aside the Agreement, or if it is a court order, file a motion for relief from judgment pursuant to rules 59 and 60 of the North Carolina Rules of Civil Procedure. I suggest you at least consult with another attorney to see if he/she believes you have a case to set aside the agreement.