Wife wants to: Back out of mediation agreement

[x1987x]

What is the name of your state (only U.S. law)? Florida

My wife signed and agreed to a mediation agreement, I'm not happy but I agreed to it. She's saying she's canceled the agreement - Is this possible?! What happens now - does it go back to mediation or to trial? Or is what she's telling me IMPOSSIBLE!

Thanks!

Edit: Mediation was 3 days before she canceled it. Not sure if judge signed yet.

 

[LdiJ]

What is the name of your state (only U.S. law)? Florida

My wife signed and agreed to a mediation agreement, I'm not happy but I agreed to it. She's saying she's canceled the agreement - Is this possible?! What happens now - does it go back to mediation or to trial? Or is what she's telling me IMPOSSIBLE!

Thanks!

Its not impossible. Someone can rescind their agreement, however then its up to the judge to decide whether or not to go with the agreement, or to order something else, based on arguments/testimony. The judge might order you back to mediation to try again.

If the judge feels that the agreement was fair, the judge might stick with it.

 

[x1987x]

will it help if I also rescind - because i feel like i was pressured into losing much of what i think i deserve? i'm sure the judge be amused: she asked for everything, got it, and just wanted some more... ...greed?

if I alo rescind then perhaps I could get a trial and subpoena serious evidence not the insinuations made at mediation...?

 

[LdiJ]

will it help if I also rescind - because i feel like i was pressured into losing much of what i think i deserve? i'm sure the judge be amused: she asked for everything, got it, and just wanted some more... ...greed?

if I alo rescind then perhaps I could get a trial and subpoena serious evidence not the insinuations made at mediation...?

I couldn't answer that without being intimately knowledgeable about your overall situation and what you agreed to in mediation.

 

[x1987x]

well thanks, after mediation I felt as if I had signed my life away, now I can see the world again! If another mediation happens I'll stand my ground better.

 

[LdiJ]

well thanks, after mediation I felt as if I had signed my life away, now I can see the world again! If another mediation happens I'll stand my ground better.

Honestly, a good mediated agreement or a good court order is generally one where neither party is happy with the outome.

 

[mistoffolees]

Its not impossible. Someone can rescind their agreement, however then its up to the judge to decide whether or not to go with the agreement, or to order something else, based on arguments/testimony. The judge might order you back to mediation to try again.

If the judge feels that the agreement was fair, the judge might stick with it.

Essentially, the judge can do whatever he wishes, so this is correct.

She has the right to rescind her agreement right up until the judge signs the divorce documents.

What will happen now is that she will request a hearing on division of assets, custody, or whatever else the agreement covered. The judge can:
a. choose to give her what she asks for in her petition.
b. go with the mediated agreement
c. give you what you ask for in your counter petition
d. do almost anything else he/she wishes (with the most likely thing being to say "the parties can't agree, so we're simply going to split everything down the middle).

Since you're now talking about issues that are contested rather than mediated, you should really have an attorney.