How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 110601
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
Type Your Family Law Question Here...
Law Educator, Esq. is online now
A new question is answered every 9 seconds

This question pertains to an existing but unratified mediated

This answer was rated:

This question pertains to an existing but unratified mediated settlement agreement and an unsigned parenting plan. One party has not complied with the financial terms of the mediated settlement agreement. Their counsel wants me to agree to finalize the divorce even though their client is not paying their share as called for, and deal with the failure to pay as an enforcement issue after the divorce. The master seems to want to favor the lack of compliance as an enforcement issue rather than acknowledging the agreement indicates we never had a meeting of the minds from a contracts law basis. So, what is the appropriate course of action with an unratified settlement agreement, months of non compliance - can't get an order to file a motion to enforce against without getting the judge to sign off on the msa but it takes months to get a hearing on a motion to enforce.....
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

Was the mediated settlement agreement signed by both parties?
Customer: replied 3 years ago.


Thank you for your response.

Once the agreement is signed by the parties it is treated as any other contractual agreement until it is ratified by the court and entered as a court order. Thus, if someone is not complying with the mediation agreement they signed, a suit for breach of contract is the remedy to enforce compliance.

I truly aim to please you as a customer, but please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. Please consider that I am answering the question or question that is posed in your posting based upon my reading of your post and sometimes misunderstandings can occur. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered.

Kindly remember the ONLY WAY experts receive any credit at all for spending time with customers is if you click on OK, GOOD or EXCELLENT SERVICE even though you have made a deposit or are a subscription customer. YOU MUST COMPLETE THE RATING FOR THE EXPERT TO RECEIVE ANY CREDIT, if not the site keeps your money on deposit.

Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.

Law Educator, Esq. and 4 other Family Law Specialists are ready to help you

Related Family Law Questions