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Does an agreement signed during mediation expire/become void if isn't signed by the judge by a certain point? Can it be altered?
Anonymous3 views3 answers
Approximately 120 days ago Mother & Father both signed a parenting agreement during mediation (this is after 2+ years in court). Both parties had lawyers present during mediation. The written agreement was to be typed up by a lawyer and presented to the judge to sign off on. One party now regrets the agreement and seeks to modify the terms of the agreement. This party now refuses to sign off on the typewritten agreement until their requested changes are made and will not allow it to go to the judge. The changes are not acceptable to the other party and drastically alter the original agreement.
Will the signed agreement from mediation become void at any point if the other party refuses to let it go to the judge? Can the other party force a change to the agreement? Can action be taken?
The key to the answer is in your question: You stated that "Both parties had lawyers present during mediation. The written agreement was to be typed up by a lawyer and presented to the judge to sign off on" That says it all. I'm not sure why the lawyers are not handling this matter as it was intended to be handled.
I am an attorney and mediator in Texas and I am not sure I understand some of your facts. Mediation agreements that are signed by both parties are binding agreements (a contract). These are not signed by the Judge.
In family law matters, attorneys will draft a Court Order, memorializing the terms of the mediation agreement into an Order that the Judge will then sign. Maybe this is what did not get done by the attorneys.
But to get out of a binding mediation agreement that was signed voluntarily with attorneys present is difficult to say the least, absent fraud or duress.
Once an Order is signed, a party can later seek to modify it if some material and significant change later occurs (i.e. one party starts abusing the child).
I hope this helps.
Good luck.
The answer is VERY simple. The lawyer from the side that isn't delaying makes a motion to enforce the agreement as mediated with the judge, and the side that is dragging its feet probably sees the agreement enforced and probably will owe attorneys fees for playing games with the court.
