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Is there a time limit between filing a mediated settlement agreement and having the final order prepared and signed.

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Is there a time limit between filing a mediated settlement agreement and having the final order prepared and signed.

Attorney Answers 3

Posted

Unfortunately, unless there were deadlines put into the mediated settlement agreement (MSA), there is no deadline in any statute. However, it is not uncommon for there to be a disagreement about the final form of documents to be presented to the Judge to enter. In such cases, you (or your attorney) can file a Motion to Enter Judgment/Order based on the MSA. That will get you in front of the judge, and allow both sides to present their proposed orders to the judge and say why one is right and one is not. Those type of hearings are usually quite short, so if your case has continued to drag out, that may be the next best step.

Hope this is helpful.

The information contained in this response is provided as a service and does not constitute legal advice. As legal advice must be tailored to the specific circumstances of each case, and laws are constantly changing, nothing provided herein should be used as a substitute for the advice of competent legal counsel.

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Posted

Not unless there is a deadline in the document. HOWEVER, you can go ahead and draft final orders using the mediated settlement agreement and present them to the other side to see if they will sign off. If they will not, see what they disagree with. There may be some language that needs to be tweaked. If the other side simply won't agree, then file a Motion to Enter Final Order based off of the mediated settlement agreement.

If necessary, an attorney can jump in at this time to help push it through, or perhaps you would just pay for the motion drafting.

Good luck.

This answer is intended for informational and educational purposes only and should not be considered legal advice nor forming the attorney client relationship. This attorney is licensed in Texas.

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2 comments

Asker

Posted

He was ordered to pay me a settlement amount "upon entry of order in this matter" would this be from the date the MSA was filed or do I have to wait till the final order is signed to collect the money?

Christopher Jay Harding

Christopher Jay Harding

Posted

Technically, it appears any order might work, but I think a Judge would believe it means the final order.

Posted

The local rules for Divorce Cases may be different in your jurisdiction, but in California any civil case that has been mediated and which results in a "mediation settlement agreement" signed by all parties and counsel is effective as of the date it is signed and settled. It is equally enforceable as to all its terms, and if it contains a "prevailing party" clause, attorneys fees and costs can be awarded also if it is necessary to enforce it later in Court.

It is not necessary for the settlement agreement to be further approved by the Court. (Competent mediators will have such an agreement ready in the event of a settlement and will make sure all parties and counsel sign before they leave the mediation. (This is to also make sure that there is no "settlement remorse" that could de-rail the agreement before it can be presented to a Court.) Some attorneys will later on submit additional settlement agreements and releases to be signed by all parties, but they are not necessary and the agreement executed at the end of a successful mediation is binding.

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