Mediation


#1

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.


#2

I am confused, did you sign something or not?


#3

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…


#4

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.


#5

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.


#6

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.