post-mediation question

[texgirl]

What is the name of your state? TX

Two weeks ago I did mediation with my ex-husband about several issues that I want to modify. Mediation is required by my decree before I can file. Ex and I agreed on two issues. The mediator wrote up a memorandum and told us the agreement was binding, but he also told us to have our attorneys' review it and get back to him if changes were necessary, before we signed. I asked for one small change the next day, but since then neither the mediator nor my ex have responded to my e-mails or calls. I am guessing that ex now will not sign, because this has happened in the past.

So . . . am I now free to go ahead and file on all issues? Am I bound by the mediated settlement or not? What we agreed on in visitation wasn't my desired outcome, but I was willing to go halfway, but now I want to get the ball rolling.

 

[bononos again]

What is the name of your state? TX

Two weeks ago I did mediation with my ex-husband about several issues that I want to modify. Mediation is required by my decree before I can file. Ex and I agreed on two issues. The mediator wrote up a memorandum and told us the agreement was binding, but he also told us to have our attorneys' review it and get back to him if changes were necessary, before we signed. I asked for one small change the next day, but since then neither the mediator nor my ex have responded to my e-mails or calls. I am guessing that ex now will not sign, because this has happened in the past.

So . . . am I now free to go ahead and file on all issues? Am I bound by the mediated settlement or not? What we agreed on in visitation wasn't my desired outcome, but I was willing to go halfway, but now I want to get the ball rolling.

What does your atty. say?

 

[texgirl]

I haven't retained an attorney yet. I was hopeful that things could be settled in mediation.

 

[bononos again]

What is the name of your state? TX

Two weeks ago I did mediation with my ex-husband about several issues that I want to modify. Mediation is required by my decree before I can file. Ex and I agreed on two issues. The mediator wrote up a memorandum and told us the agreement was binding, but he also told us to have our attorneys' review it and get back to him if changes were necessary, before we signed. I asked for one small change the next day, but since then neither the mediator nor my ex have responded to my e-mails or calls. I am guessing that ex now will not sign, because this has happened in the past.

So . . . am I now free to go ahead and file on all issues? Am I bound by the mediated settlement or not? What we agreed on in visitation wasn't my desired outcome, but I was willing to go halfway, but now I want to get the ball rolling.

??? No Attorney?

 

[ceara19]

What is the name of your state? TX

Two weeks ago I did mediation with my ex-husband about several issues that I want to modify. Mediation is required by my decree before I can file. Ex and I agreed on two issues. The mediator wrote up a memorandum and told us the agreement was binding, but he also told us to have our attorneys' review it and get back to him if changes were necessary, before we signed. I asked for one small change the next day, but since then neither the mediator nor my ex have responded to my e-mails or calls. I am guessing that ex now will not sign, because this has happened in the past.

So . . . am I now free to go ahead and file on all issues? Am I bound by the mediated settlement or not? What we agreed on in visitation wasn't my desired outcome, but I was willing to go halfway, but now I want to get the ball rolling.

Probably not, because you didn't decide on the change until AFTER mediation. Therefore, this particular change has not yet been dealt with in mediation.

 

[texgirl]

Clarification

Probably not, because you didn't decide on the change until AFTER mediation. Therefore, this particular change has not yet been dealt with in mediation.

I am confused. I am talking about filing on only the issues that were dealt with in mediation. To clarify, my questions are 1) how long do I have to wait to see if mediation will produce a signed document before I file on these issues? Is two weeks long enough? 2) if ex does not sign, am I bound by what was agreed upon in mediation in relation to the two issues?

As for the earlier query, although the mediator stated we should have our attorneys review the settlement, I have not. I believed he's required because of liability issues. I've been through this process several times and feel fairly confident as a layperson to recognize whether the settlement (drafted in ordinary English, as per the mediator/lawyer personal style) reflects what we agreed upon. The stickler has always been getting the settlement transformed into an order. But that is a different story.