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

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

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 12 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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption