Once you sign the contractually bound mediation agreement can you change your mind?

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Once you sign the contractually bound mediation agreement can you change your mind?

If you feel like there may have been a conflict of interest with your lawyer, can you cancel the contractually bound mediation agreement after it has been signed by all parties, and get another lawyer?

Asked on October 27, 2010 under Family Law, Tennessee

Answers:

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

Answered 13 years ago | Contributor

You need to consult with another attorney in your area as soon as possible about the possibility of setting side the agreement based upon the attorney's failure to properly advise you of your rights under the law and stating the reason or basis you believe exists.  Contractual agreements are set aside based upon a number of factors: fraud, misrepresentation, etc.  This will not be an easy task.  And many lawyers will not want to take on the case without a hefty retainer so be prepared for that.  If the lawyer has committed some form of unethical behaviour you should speak with the attorney about that as well. If it was malpractice you may have a claim. Good luck.


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