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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 88711
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I have a mediation order for lower payments back in 2003 that

Resolved Question:

I have a mediation order for lower payments back in 2003 that they now say is no good because a judge didnt sign it but the dicuments says that they would do it for me and the custodial parent. I amgetting hit for arrears now and an amount that I cannot give. I was unemployed for 5 months and fell behind but my new job pays over 50% less then before. I was originally told to send 781.00 a month which I could not afford. So they said I could go to mediation and that is what we did. It was reduced to $400.00 and we all signed off on it and I was ok with that except now they tell it is no good and are charging me the 781.00 since 11/03 which puts my arrears at over $28,000 which is beyond my train of thought.I had put in for a review earlier because of the new job and I couldn't pay the $400.00 but now the world has come down on me when I thought I had obeyed all the laws of the mediation. Is this mediation paper not a legal document? If I had known it needed the judges signature I would have marched over and done it myself but on the last page above the signatures it says parties agree that they would like the Rappahannock Mediation Center to present this agreement to the Juvenile and Domestic Relations District Court of record to be entered as a court order. Am I losing my mind or is this document worthless??
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

Normally, if you have a signed agreement without the judge's signature, then this is a binding as a contractual agreement. However, because the order's last page states that they would enter it on the court record as an order and if that was never done, then I am afraid that is what makes the document worthless. If it did not have that statement on the document, it would be enforceable not as a court order, but as a contract. If the mediation center was supposed to get it entered as a court order by filing it with the court and they failed to do so, then you could seek to sue the mediation center for negligence and seek damages from them for not properly finishing the mediation as they agreed to do.




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Customer: replied 1 year ago.

Another question is that I had an order of referral to parent education seminar which the mediation center was named as one of the places. I was ordered to attend and complete an educational seminar or other like program conducted by a qualified person or organization APPROVED BY THE COURT,on the effects of separation or divorce on minor children parenting responsibilities,options for conflict resolution, and financial responsibilities. How could I possibly not follow a court order??

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your response.

People ignore court orders all of the time, but I am presuming that your question is rhetorical and that you are saying you did go to the class as ordered. If you did go to the class as directed, then you need to get the records as the class is supposed to keep the records of participants.
Customer: replied 1 year ago.

The class was the mediation. I have the signed mediation documents by all parties concerned. Does this not hold up in court as a legal document? I know the judge did't sign it but it is a legal documents I would think. How can they ignore this and disregard it when i was ordered to go to mediation??

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your response.

As I stated above, if it did not have that last phrase on there that you posted above about it having to be filed with the court for signature, it would be a legal document and would be enforced as a breach of contract. However, when they put that statement on the document as you typed above, saying, "parties agree that they would like the Rappahannock Mediation Center to present this agreement to the Juvenile and Domestic Relations District Court of record to be entered as a court order," this means that it had to be entered and signed by the judge to be a court order and if it was not then no such order was entered and you have to pursue the mediation center for their negligence in failure to present it to the court as the intent of the document was by that one statement to have the document signed off on by the court once the parties signed it.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 88711
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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