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Roger, Attorney
Category: Family Law
Satisfied Customers: 30903
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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Hi, I have a question regarding a mediated parenting plan agreement

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Hi, I have a question regarding a mediated parenting plan agreement in the state of Oregon. The agreement has been signed by both parties and is in both Lawyer's offices, however, the judge in the case has not signed off on it yet. Is it still possible to refuse the agreement?
Hi - my name is XXXXX XXXXX I'm a Family Law litigation attorney. Thanks for your question. I'll be glad to assist you with this matter.

Generally, when a mediation agreement is signed off on by both parties, it is binding even if the judge hasn't yet approved the agreement. In other words, the mediation agreement can only be revoked by the judge.

However, it is possible to file a motion to revoke the agreement and set a hearing so the Judge can hear the situation.
I will tell you that it is VERY difficult to set aside a mediation agreement, and it usually takes proving fraud, duress, that you were tricked, etc. in order to overturn the agreement.

If you could get the other party to mutually agree to withdraw the agreement, then that would be much easier. But, if that is not the case, and only one party wants to withdraw an agreement, it's tough to accomplish - - and you'll need some solid proof in order to have it set aside.

I hope this addresses your question, but if you need something further, please let me know and I'll be happy to respond. Thanks.
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