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Would like to revoke mediation agreement and hire a new lawyer to take over in the process. Is this possible?

Pasadena, TX |
Filed under: Family law

My husband has decided to revoke the mediated settlement agreement. In his agreement he is to pick up his daughter one day a week for 2 hours and 1st, 3rd and 5th weekends of the month. He thought he would be able to commit to the one day a week but after giving it a try its more difficult than he anticipated. We are not happy with his current lawyer as he has proven to us that he is not a tough lawyer and doesn't have any experience with bipolar cases. We would like to hire a new lawyer while mediated settlement is being revoked. We have spend thousands and the ex is still getting away with making last minute decisions and changing her mind about visitation.

Attorney Answers 5


  1. It is extremely difficult to back out of a Mediated Settlement Agreement once it is signed by all parties. (The system, as you can imagine, encourages parties to resolve their differences on their own and tends to lock in deals once made.)

    I would urge you to meet with another attorney and lay out your facts. Ask if there is a way you can argue for revocation or alteration of the agreement.

    Good luck!

    Charles


  2. It is properly best to change the mediated settlement by agreement, then to revoke it. This is a hearing for which one needs to show that they did not have capacity or duress. Very high standard. Or you can go back to mediation and advise mediator of the change of circumstances and see if they can come up with a solution.


  3. It's a buyers market and you can always a new attorney.


  4. A mediated settlement agreement is very difficult to revoke. However, there are special circumstances that allow a party to revoke the agreement. You'll need to discuss the issue in more detail with a competent attorney who can advise you. It may be easier to discuss an agreement to change the one day a week provision in the final order instead of going through the process of revoking the MSA.


  5. It is possible (but difficult) to revoke a mediated settlement agreement. If the settlement agreement has NOT been entered into the official court records- and you repudiate/ revoke it- there is a possibility with a good attorney by your side that you may be able to set aside a mediated settlement agreement. But remember, as the other attorneys stated in their answers, it is a difficult thing to do. Time is of the essence and a good lawyer by your side is necessary to make the proper legal arguments. However, there are other ways to resolve the issues even if you cannot persuade the judge to set aside the settlement agreement. A good family law attorney can assist you in exploring your options.

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