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Michael, Legal Consultant
Category: Family Law
Satisfied Customers: 456
Experience:  Expert witness in Federal court, won cases at State lower & appellate levels.
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can you change your mind within five days after signing a ...

Customer Question

can you change your mind within five days after signing a mediation agreement?
Submitted: 9 years ago.
Category: Family Law
Expert:  4ren6 replied 9 years ago.
A mediation agreement is just that and once signed unless there is a clause to back out the signing of such agreement is legal and binding. The mediation process is to reach an agreement or settlement.............and once signed is considered final. reply if needed.
Expert:  Michael replied 9 years ago.

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.


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