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Author Topic: Mediation agreement  (Read 531 times)
power thru

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What is your sexual orientation: Straight
Posts: 35


« on: November 15, 2014, 10:56:54 AM »

Hello all. I have recently went through mediation last month and we reached full agreement singed off by both of our attorneys and ourselves. It's filed at the court house and I am just awaiting a date for a 5 minute hearing for the judge to sign off on it. (courts are backed up). As part of the agreement she asked for a gift back that she bought for me that I took with me when I left the house. I agreed to let her have it as it's just a material thing that can be bought again... .no big deal. She also still has a few of my items that she is supposed to give back to me that are written in the agreement. The agreement reads that we have 30 days to exchange these items and the time and date is supposed to be coordinated through our attorneys (her request).

So, I did not hear anything from her or her attorney for the first 2 weeks after mediation. I spoke with my attorneys para and told her that we are approaching the 30 day mark in a couple of weeks and when was this coordination supposed to happen? My attorneys para said she will email my stbx's attorney and set something up. So my stbx's para emailed my attorney's para and said "he can drop off his item on Friday at 3pm". I quickly emailed back my attorneys para and said I cannot do Friday at 3 as I work everyday until 5 - 5:30 AND I have to borrow a truck to move the item as its too big for my car (I have it in storage). This was on a Thursday. I proceeded to tell her that I can deliver it on the weekend or anytime during the week after 5pm as long as I get advance notice to borrow a truck.

I sent that email over a week ago and have not received any replies. I sent another email to my para and she said that she passed my message to them about the alternate times but they have not responded back. I have heard nothing since then.

The final bill for my attorney was paid a couple of weeks ago. I am technically done with her but I'm sure they are not going to keep playing email tag with my stbx's attorney for FREE until they respond. Should I email her attorneys office myself to ask when they would like to exchange items? I'm worried that she may come back later and say that I am not following the agreement which is totally untrue since I am the only one that initiated it to begin with. Any advice? 
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Nope
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Gender: Female
What is your sexual orientation: Straight
Who in your life has "personality" issues: Romantic partner’s ex
Relationship status: married
Posts: 951



« Reply #1 on: November 15, 2014, 04:11:46 PM »

Generally, an agreement that has not been signed off on by a judge isn't enforceable. You should check with your L on that in your case. But you can prove a good faith effort to follow the order in the allotted 30 days time. Has she given you back what she was supposed to?
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power thru

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What is your sexual orientation: Straight
Posts: 35


« Reply #2 on: November 15, 2014, 04:50:43 PM »

Generally, an agreement that has not been signed off on by a judge isn't enforceable. You should check with your L on that in your case. But you can prove a good faith effort to follow the order in the allotted 30 days time. Has she given you back what she was supposed to?

No. The exchange for both of our items is supposed to happen at the same time.
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ForeverDad
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Gender: Male
What is your sexual orientation: Straight
Who in your life has "personality" issues: Ex-romantic partner
Relationship status: separated 2005 then divorced
Posts: 18692


You can't reason with the Voice of Unreason...


« Reply #3 on: November 15, 2014, 10:30:32 PM »

The exchange for both of our items is supposed to happen at the same time.

Exchange is the key word.  It is your leverage to get your things back.  If you comply and she doesn't then your leverage is gifted away.  If she doesn't facilitate an exchange at a reasonable time then your attempts to arrange the exchange is your proof you tried to comply with the agreement.  Of course, I'm not a lawyer so while this is common sense you need to follow local legal instructions.

Many here have faced the silence, obfuscations and delays.  Negative engagement is still engagement of sorts.
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