Family Law Questions? Ask a Family Lawyer Online.
While in most cases I would agree with my colleague, each state does have its own laws regarding the revocation of a mediation agreement.
For example, in Texas, Section 6.602(b)(1) of the Family Code states:
(b) A mediated settlement agreement is binding on the parties if the agreement:(1) provides, in a prominently displayed statement that is in boldfaced type or capital letters or underlined, that the agreement is not subject to revocation;(2) is signed by each party to the agreement; and (3) is signed by the party's attorney, if any, who is present at the time the agreement is signed.
So in Texas, a mediation agreement can be revoked by either party unless the agreement contains this very specific statement.
In other states, there will be a statement that permits revocation and without it the state laws prohibit revocation.
Each state establishes its own rules regarding the ability to revoke or challenge a signed mediation agreement.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).