Mediator Agreements – A Word of Caution

If you enter into a settlement agreement through a mediator, be aware that you will very likely be bound by the terms even if they are unfair and you were not aware of all your spouse’s assets at the time.

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In Irizarry v. Hayes, a case decided on Feb. 5, 2020, the wife commenced an action in late 2018 seeking to void a non-attorney mediator drafted agreement (that was made in collaboration with an attorney) signed in September 2016 and incorporated into a November 2016 judgment of divorce, because it was one-sided in favor of the husband, because there was little to no financial disclosure, and because it was overreaching.

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The Supreme Court of Monroe County found that the mediator had advised the parties to retain counsel, and the agreement and the divorce affidavits made multiple recitations that the same advice was given, and therefore the wife was bound by all the terms even if she didn’t have all the information at the time she signed it.

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This is an example of how important it is to do things right the first time. Many people seek to find more affordable solutions to their divorce issues, only to suffer great financial harm in the long run.

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While the attorneys at Brian A. Picarello & Associates, P.C. always seek to provide affordable representation and pay close attention to each individual client’s financial needs, there is no substitute for being thorough and diligent – especially since you will likely have only one chance to “get it right”.

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If you are thinking about getting separated or divorced, you deserve skilled and compassionate representation. Call us at 631-392-4949 or email us at info@bpfamilylaw.com if you wish to discuss your particular situation.

The information and suggestions contained herein are not to be construed as legal advice and may have been provided by a third-party source

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