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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 41221
Experience:  I provide family and divorce law advice to my clients in my firm.
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I a signed Mediated Agreement w/atty present; however, I had 1.

Resolved Question:

I a signed Mediated Agreement w/atty present; however, I had
1. no sleep the night before,
2. atty did not review document i was signing
3. mediator had me sign and then it appears new language was added after the fact
4. scratched through writings were not initialized by any of the parties
5. opposing counsel for my husband-convicted of D.V.-wrote up a formal Separation Agmt based on the mediation.
6. many "unconsionable" terms listed against Petitioner (me)
7. My atty was allowed to withdraw based upon "conflict of interest" because I said I was under duress and did not want to even go to mediation.

Now, the judge says I may file a Motion to Set Aside Agreement pro se.

I'm told I'm facing an uphill battle.
Submitted: 7 years ago.
Category: Family Law
Expert:  Dimitry K., Esq. replied 7 years ago.
You were told correctly. Although you had no sleep and the attorney did not property review, you did legally have an opportunity to do so, which removes your points about duress and unconscionability. Since you signed the document, you become bound by it. You can argue that additional writings were made post mediation and attempt to set them aside, but the remaining terms will survive even if you end up removing the non initialized changes.

I am sorry.


Dimitry Alexander Kaplun, Esq.
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