How can a mediation agreement not be entered into the final agreement at trial?

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How can a mediation agreement not be entered into the final agreement at trial?

We had an agreement that the house would become mine through a quit claim deed. At trial my ex stated he wanted half the house. The judge said the mediation agreement couldn’t be entered as the final. Why not? He signed it. Now will I lose half the house?

Asked on September 14, 2011 under Family Law, Florida

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I am so sorry that you had to go through all of that time and for nothing.  Generally speaking, mediation is non-binding unless the parties agree or the law permits.  Arbitration is what is binding.  So even though your husband agreed to the give you the house he is not now bound by that agreement.   Please read the mediation agreement.  See what it says about being binding.  And ask your attorney if the law allows you to bring it up at all in the divorce trial - but I highly doubt it.  It can not be evidence of anything except a huge waste of your time and money.  Good luck at trial.


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