We went to mediation & signed stipulations. We are at an impass in terms of developing Separation Agreement. His lawyer drafted it and has ignored the stipulations. She has used language that works for her client but does not for me. Alimony- there is suppose to be employer provided. The word employer was left out. I am supposed to get 25% of his bonus. It was written as cash bonuses which negates stock options. I am refusing to sign. They are planning to file motions to force me to sign and ask for sanctions. Looking for input.
Assuming the settlement terms were signed and notarized by both you and your spouse at the mediation (likely in a memorandum of mediated settlement), then those terms are binding and that language controls. The separation agreement must read exactly as the settlement terms from the memorandum.
If one party refuses to sign the separation agreement despite having a binding memorandum of mediated settlement agreement with complete settlement terms, then the other party could file in court against the refusing party and ask for sanctions or attorney’s fees, or the other party could do nothing and simply allow the memorandum to be the controlling document (in most cases, this would not be advisable).
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.
So how do I get OC/my x to write the Separation Agreement in terms that match the Stipulations from mediation that is signed and notarized.
Thank you,
Amy Roberts
It would be improper to use additional language or wording which could change the meaning of a settlement term if it’s not included in the memorandum of mediated settlement agreement.
If the issues with signing vs. not signing the full separation agreement are drafting issues, then the mediator can likely be employed as an arbitrator to make the final decision on the exact wording for the separation agreement. In arbitration, the decision is binding on both parties.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.