Family Law Questions? Ask a Family Lawyer Online.
Good morning. Would you mind sharing with me what your question is?
I am going to step away for a minute, since I have not heard back from you but once you respond, I can help. Thank you
How were you forced?
Thank you for the additional information. If you were forced into this you want to advise your attorney in writing and tell him to reframe from filing it and contacting the other attorney about what happened. In mediation, you are not forced or required to agree to anything. If you can not agree then the judge will decide. In this case, if your attorney does proceed over your objection you will want to fire him and retain new counsel and have them step in and address this with the court and advise as to what happened and ask the judge to have the agreement vacated and that you be sent back to mediation.
The other attorney can compel him to do so. The burden shifts to you to show that this was forced and how tie attorney failed to represent you. That is why it can get so complicated because you were represented by counsel and now the same counsel is not proceeding
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That is what your argument is going to have to be. That you were not informed by your attorney that it was at your discretion to sign and that your attorney told you that you had to sign. Essentially, there counsel was ineffective and did not properly represent you and you did not want to agree to the conditions imposed and want the Judge to decide.
I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!