Will contests can get bitter and last years. Usually parties complicate the litigation to the point where an actual trialon all the issues raised may be largely impossible. This is where mediation comes in, all cases in Florida go through mediation. Mediation is not in and of itself binding, but if you forfeit your rights under a mediation agreement the courts will hold you it, absent a finding of fraud or mistake. As the case I outline below shows, merely having a change of heart is not enough to warrant over turning such an agreement.
- Two sisters were embroiled in a bitter dispute over the estate of their deceased mother.
- The two went to a non-binding mediation and at one point one of the sisters asked that she be allowed to take the agreement home and think it over one night, themediator refused this request.
- The sisters ultimately settled the case that day. The next day the sister withdrew her consent to be bound by the agreement and pointing to the mediator’s refusal to allow her to bring the agreement home, refused to be bound by it.
- The other sister then filed what is called a motion to compel settlement meaning she wanted the court to enforce the settlement.
- The court ruled that the agreement was binding and that merely not being able to take the agreement home was not enough to allow the sister to withdraw her prior signature. It was not as she claimed duress.
This is a probate debate but this lesson hold true for all legal matters. Here are three things to consider before entering into a settlement agreement on any legal matter:
- Your not only waiving this case but probably all related claims. Often these agreements will be called universal settlements and released, that means that any thing related to the case or controversy will also be deemed settled. If you are worried that issues may arise later, it may be ideal for you to consult an attorney before signing a settlement.
- Your view may change but the agreement does not. I cant help but feel bad for the sister here because she knew she was on the fence, that’s why she asked to take the agreement home for a night. Just remember that your stuck with this settlement in the future, if you are on the fence ask for the offer to be extended because…
- Offers do not last forever. You may not have an infinitie amount of time to take an offer, often they last five of fifteen days and no more than thirty days. After the expiration you no longer have a right to accept the settlement.
So yes, time is of the essence but at the same time you have to take your time, the truth is finding the perfect balance can be difficult if not impossible, so consult a specialist before you sign away your rights.