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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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Old 06-30-2015, 10:33 AM
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Trix is on a distinguished road
Default Withdrawl from Mediation midway

In short(ish)

Existing divorce order in place for three years. Two daughters have gotten older (8 and 11) .Financial obligations have changed, personal finances for ex have changed.

Mediation process started. One session attended with a fair amount accomplished. Interim agreement signed providing new parenting schedule (still 50/50). Daughters attend counselling over the coming months to determine if the schedule is the most appropriate for them, monitor their adjustment and make suggestions if need be. Also agreed upon are bookings of holiday time, vacations, offer of first option for care etc.

Outstanding: Finances.

Ex now wants to pull out of mediation stating that she was "bullied" into it.

Question:

What happens to the existing, signed interim agreement? Especially where it comes to matters of the impact of the girls schedule being reviewed by the counsellor?

Does the agreement still have standing? Could I proceed with a motion and simply transcribe the content of the existing interim agreement in as the matters it covered were already agreed to in principle?

Thanks for any thoughts,
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Old 06-30-2015, 11:06 AM
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Does the ex have an advisor? Lawyer? My lawyer keeps telling me that mediation is a cheaper resolution mechanism when both sides are willing to work together.

We've delayed our mediation 2x because my ex keeps refusing financial disclosure even though its only going to impact S7 splits.
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Old 06-30-2015, 12:19 PM
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IMO the signed agreement continues in full force and effect. The fact that the ex no longer agrees to continue mediation doesn't nullify the agreement. The agreement was signed based off of concessions each of you made during mediation.

The ex doesn't get to back out of the signed agreement because they no longer wish to continue mediation. The terms agreed upon in mediation ceased to be requests and became firm and binding once the agreement was signed.

Let's not get mixed up on the name of the agreement. "Interim" means it is still an agreement until you get your final agreement or court order.
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Old 06-30-2015, 12:34 PM
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That is what I had suspected. My Counsel is presently on vacation but one of her colleagues advised me as you just have. Thank you for that.
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Old 06-30-2015, 02:47 PM
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A signed agreement is a signed agreement, even if other issues are not resolved. Unless the ex was coerced into signing (unlikely, in a mediation setting), her signature is her commitment to abide by the contents of the agreement. Her change in attitude about mediation doesn't nullify this.
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