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Can mediation be over turned if done under extreme duress?

Customer Question
Can mediation be over...

Can mediation be over turned if done under extreme duress?

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

Florida

Lawyer's Assistant: Has anything been filed or reported?

We signed an agreement at the mediation but nothing further

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

We earned on Friday that Mediation was Monday morning and our attorney said if we didn't settle he was going to quit our case

Submitted: 1 month ago.Category: Legal
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Answered in 5 minutes by:
3/13/2018
Lawyer: legalgems, Lawyer replied 1 month ago
legalgems
legalgems, Lawyer
Category: Legal
Satisfied Customers: 12,570
Experience: Just Answer consultant at Self employed
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Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

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Lawyer: legalgems, Lawyer replied 1 month ago

Mediated agreements, or any agreements, may be vacated if the court determines they are the result of fraud, duress, failure to disclose, etc.

If an attorney indicates they will withdraw from the case if a settlement is not reached that alone does not generally justify a defense of duress as the client is always free to hire a new attorney.

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Customer reply replied 1 month ago
we were up against the date the mediation had to be done. There were only a few days to find an attorney to take the case and then take the necessary steps
Lawyer: legalgems, Lawyer replied 1 month ago

If the mediation could not be continued due to a court ruling then that may give a basis for a duress challenge.

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Lawyer: legalgems, Lawyer replied 1 month ago

Hello; just checking in on the above.
If you have further questions please post here and I will do my best to get you the requested information.
Otherwise
kindly rate positively (hopefully you feel I have earned 5 stars) to help maintain my high customer satisfaction score and so I know you were satisfied with my services.

The above information is for educational purposes only. An attorney in one's jurisdiction can be located at https://www.americanbar.org/groups/legal_services/flh-home.html
Thank you.

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legalgems
legalgems
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Category: Legal
Satisfied Customers: 12,570
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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