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Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 102366
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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In the state of Michigan a spouse is entitle to s "elective

Customer Question

In the state of Michigan a spouse is entitle to his "elective share" if not satisfied with his findings in his spouse of three years will.... the judge has ordered mediation, we are not happy with the amount, can we negotiate the mediation suggested amount?
Submitted: 1 year ago.
Category: Family Law
Expert:  Ely replied 1 year ago.

Hello and welcome to JustAnswer. Please note:This is general information and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

This depends - can you please clarify if the parties agreed to an amount in mediation, or not? IF SO, then was this set down in writing?

This is not an answer, but an information request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.

Expert:  Ely replied 1 year ago.

Hello! Just touching base to see if you still needed an answer and if you could reply to my query. Thanks!

Customer: replied 1 year ago.
I got charge the money and my and my question was not answered.
Expert:  Ely replied 1 year ago.

That is because you never responded to my query. I needed to know;

"Can you please clarify if the parties agreed to an amount in mediation, or not? IF SO, then was this set down in writing?"

I need this information to be able to answer your question.

Customer: replied 1 year ago.
No, the judge ordered mediation, the case evaluators decided their perception of a "fair amount" I need to now decide to accept or reject or go to trial. It is in writing, not signed. I am wondering can negotiations be done now and before the trial date? I do not believe the person wants to go to trial because many of his lies will be on the table at that time. I am hoping to settle before the trial date, is that possible?
Expert:  Ely replied 1 year ago.

Thank you.

If the couple is in mediation, then it is not binding unless both parties actually agree to this settlement. As such, one can simply send a letter to the opposing party stating that one does not agree to the proposed mediation settlement. It is that simple. There is no official form to fill out to "reject" the settlement. Again, this is assuming that one has not placed their signature on any document confirming the settlement or has stated in mediation that they agree.

Negotiations outside of mediation may indeed be done before the trial date, and all the way up to trial, and even until the Court renders a decision.

About 85% of divorces settle, so I would wager there is a good chance that settlement will happen in one's case as well, although it really depends on the parties and the issues at hand.

I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how I get credit for my time with you. Rating my answer the bottom two faces/stars or failing to submit the rating does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.