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In a family law case, if a mediation agreement is not accepted…

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In a family law case...
In a family law case, if a mediation agreement is not accepted by the judge, is it still binding?
Submitted: 8 years ago.Category: Legal
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Answered in 3 minutes by:
6/12/2010
Lawyer: Ray, Lawyer replied 8 years ago
Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 48,822
Experience: 30 years in civil, probate, real estate, elder law
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Thanks for your question.No if the judge doesn't accept the court will set this for final hearing and judge divides here and decides all other issues involved.Court always has right to reject mediator findings.The judge will resolve all here unless parties can agree beforehand and judge signs off.
Ray
Ray, Lawyer
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Experience: 30 years in civil, probate, real estate, elder law
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Customer reply replied 8 years ago
Can you cite legal precedent for that? The Magistates recommended order is all based on an agreement that wasn't accepted by the judge. I've filed an exception.
Lawyer: Ray, Lawyer replied 8 years ago
Here are the Florida Rules.Rule 12.440 allows for parties to set matter for trial with the judge here.12.447

http://phonl.com/fl_law/rules/famlawrules/

Edited by RayAnswers on 6/12/2010 at 4:07 PM EST
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Customer reply replied 8 years ago
I'm not really sure how that applies.
Lawyer: Ray, Lawyer replied 8 years ago
If the judge does not accept the masters agreement /findings you can ask the court to hear the matter and set it for such hearing.The court can hear this and issue orders and resolve all.
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Customer reply replied 8 years ago
OK, but the 1st step is to make sure the judge doesn't accept it.
Lawyer: Ray, Lawyer replied 8 years ago
Yes you have filed response here and you want to ask the court to set the matter for final hearing.
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Customer reply replied 8 years ago
So filing the exception automatically means he won't accept her recommendation? We don't need to convince him with arguement?
Lawyer: Ray, Lawyer replied 8 years ago
You would argue that you are not agreeable to her recommendation and won't the court to decide matters here.
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Customer reply replied 8 years ago
Thank you. Have a great week-end.
Lawyer: Ray, Lawyer replied 8 years ago
Good luck here
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