Can You Renegotiate a Mediation Agreement After Signing It?

Learn how to renegotiate a mediation agreement after signing it. Find out how to contact your original mediator and what steps you need to take if one of the parties attempts to break an agreement.

Can You Renegotiate a Mediation Agreement After Signing It?

If you signed a mediation agreement while under duress, you can appeal the decision. However, the appeal process can be difficult and complicated. The simplest solution is to try to talk to your ex-spouse and see if they are willing to renegotiate and create a new agreement. One way to change an agreement is to contact the original mediator.

This person may be able to make corrections to the documents. In most cases, they will need the consent of the other party or their lawyer for more significant changes. The mediator could also bring everyone back to the negotiating table in an attempt to renegotiate the terms of the agreement. A mediator usually doesn't step in until there's a dispute, often with the threat of litigation looming. Once the mediation process is finished, your mediator will provide you with a final document outlining the agreements reached.

If mediation fails, don't hesitate to contact the mediator and ask for a “mediator proposal”. During mediation, the mediator usually makes their own assessment of how a case should be resolved. If one of the parties attempts to break a mediation agreement, the court is likely to enforce it and sanctions will be imposed on the party that tries to annul the agreement reached in mediation. To avoid misunderstandings after successful mediation, both parties can agree to ask the court to convert their mediation agreement into a consent order. When consulting an attorney, bring any statement of results, memorandum of understanding, or mediation note that you received from the mediator. If you can't resolve the dispute through mediation, you can continue discussions with a lawyer to try and reach an agreement.

Alternatively, your mediator can issue you a court form that allows you to initiate legal proceedings for a judge to resolve the matter. If negotiations during mediation don't achieve your desired outcome, sometimes a proposal from the mediator after mediation can lead to an agreement.