Today we finished mediation with my soon to be ex wife, the judge ordered the Mediation but it was a third party mediator not like a mediator inside the court
We went back and fourth
My wife asked for a list of thkngs she left from the house before she left
The mediator wrote a judgment order and made both of us sign and he said he will hold the paper work until she gets her stuff
I over think stuff and I know my wife and her family, they change their minds often
We have until the end of the month to see the judge its scaring me that she changes her mind on the agreement
1-Can she change her mind ?
2-We didnt sign mediation paperwork rather we signed a judgement paperwork
is that binding?
In order for the mediation to be binding, both parties must voluntarily and without any force or threat enter into an agreement. Normally the mediator writes out the agreement and has both parties (and their attorneys, if they have them) sign them at mediation. THEN, the mediator will have the parties sign the judgment paperwork. She can try to change her mind. However, as a former judge myself, she is likely to face a lot of questions about why she is changing her mind. It can't be "buyer's remorse," that she just didn't like the agreement. She has to have a legitimate argument about what has changed (new evidence, etc.) or how she felt forced to enter into the agreement. A mediation agreement IS considered a binding contract in most states.
The information provided in this answer does not create an attorney-client relationship and is not considered to be legal advice.
The judge ordered mediation, which IS within the court litigation!!!! You both participated. Therefore, you both agreed to the process. As to a settlement, once you completed the process, it appears that you BOTH executed the stipulation for entry of the judgment, which is tantamount to a contract. That will be entered by the judge and thereafter enforceable. Both YOU and SHE have completed the property settlement of the divorce. If you don't have an attorney, why not?
This commentary does not result in any attorney/client relationship nor constitute legal advice as to a particular fact situation or status of a reader. Consult and retain legal counsel in the State of Michigan for pursuit of such a relationship.
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