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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 117370
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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Had mediation to resolve a dispute with our child's school

Customer Question

Had mediation to resolve a dispute with our child's school in Texas. 2 problems:. (1) We thought we would have a day or 2 to consider any agreement b4 signing so only one parent attended mediation. We were informed there that we had to sign that day. So agreement was emailed to my spouse at work without time to consider the terms before signing within 10mins. (2).The school provided false information that influenced agreement. What recourse do we have to remediate?
Submitted: 2 months ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 2 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
When parties rely upon false information to sign an agreement, that is grounds to vacate any settlement agreement. If you have proof of the information being false and that was not known to you when you signed, if the school refuses to vacate the agreement and mediate again, your option is you have a right to sue in court to vacate the agreement based on their fraudulent conduct and by their providing false information upon which you based your consent to the agreement.
In order to have a valid agreement, you must have knowing consent. If that consent is based on misinformation, the consent is not knowing, so lack of consent voids the agreement together with their false information used to coerce the settlement.
So if they refuse when you approach them with your proof, you have grounds to sue in court to vacate the agreement and force them to renegotiate.
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