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MomOfFour
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Mediation - Is it binding????
      #148781 - 09/21/06 12:09 PM

This past May we went through the mediation process (2 days) and came up with an agreement and signed it. We had a court date last week to have the mediation agreement entered and the divorce finalized and my soon to be ex decided he didn't like the mediation agreement and requested a trial. The magistrate and all attys involved said they had no recollection of someone deciding to backout of a signed mediation agreement and are researching it. Any suggestions are appreciated.

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rocketgirl
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Re: Mediation - Is it binding???? [Re: MomOfFour]
      #148806 - 09/21/06 01:23 PM

This is what I come up with when I Google it.. looks like it is only binding when a judge signs it into order.. not before.

http://www.cadc.uscourts.gov/internet/in...t+Court+binding

Mediation is binding only in the sense that if the parties do reach agreement, they are bound by it as they would be by any other contract. As noted above, the mediator has no authority to render a decision.

http://www.bristolfamilymediators.co.uk/#binding
Will a Mediation Agreement be binding ?

No. The Summary or Memorandum of Understanding is a document which is confidential to the couple. They can decide if they would like to make it binding. To do this they would ask their solicitors to encapsulate the terms of their Summary in a document which can be put before a Judge who can make it binding.

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Lisa

Diplomacy - the art of telling someone to go to hell, and them looking forward to the trip.


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Maury
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Re: Mediation - Is it binding???? [Re: rocketgirl]
      #150931 - 09/27/06 11:30 PM

My understanding is that this issue varies from state to state. In Minnesota, it is not binding until it is signed as an order. In Wisconsin, a signed mediation agreement is enforceable. It depends on your state.

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drew1984
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Re: Mediation - Is it binding???? [Re: MomOfFour]
      #163570 - 11/02/06 12:03 AM

correct once both parties signed the agreed mediation it is sent to the judge you will both appear befor him and then state if you agree or disagree, if he soo chooses to disagree befor the judge he can, but the judge has the power to overturn him, cause he did agree and sign to it. but thats up to the judge if he thinks its reasonable he may just order it and then its binding if not, i hope you like litigation... hope the best ( this is TN )

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