20 Dec Mediation… Is it Final or Not?
Many times after an individual dies, the children of the decedent do not get along even though the children have assured the attorney that “they would never do that”… Such is the subject of numerous probate and trust litigation disputes. Fortunately to spare expense, time and delay the litigants can bring the matter to a mediator (you can read more about that on my website and resolve the matter. The proceedings are generally confidential and once the parties agree to resolution, the agreement is signed and the matter is resolved.
In the recent case of Tamra E. Pierce v. Linda Marie Pierce IN RE. Estate of Cecilie Redlinger Pierce the sisters did just that. They resolved the issues in the mediation. Unfortunately after the mediation Linda stated that she was fatigued and emotionally distraught and attemped to rescind the Agreement. The trial court agreed but the appellate court determined that the agreement must be enforced because there was no fraud, misrepresentation, coercion or overreaching.
Moral of the story.. If you need to continue a mediation until another day you have a right to do so. If you sign the agreement expect it to be upheld in court.
GENEROSITY IS A KEY TO HAPPINESS…REACH AND OUT AND HELP SOMEONE TODAY