Joplin, MO asked in Arbitration / Mediation Law and Family Law for Missouri

Q: Can I change my mind after mediation if nothing was signed?

My husband has had his son in his care for his whole life. He had filed for custody and was sent to mediation. The mediator made him feel bad for not letting his birth mom see the child. He agreed to 50/50 custody, but the mom never signed the papers

Fast forward two months she sent him messages of her telling her grandmother that she hated her son and did not care if my husband got full custody. My husband then said the child was not to be around her if he was hated. Can he change his mind and continue in court if he never signed the mediation papers?

1 Lawyer Answer
Kelisen  Binder
Kelisen Binder
  • Estate Planning Lawyer
  • Kansas City, MO
  • Licensed in Missouri

A: Mediation itself is typically not binding unless the parties involved reach a mutually agreed-upon settlement that is then documented in a binding agreement and submitted to the Court. One of the tenants of mediation is the understanding that the parties may speak to individual counsel after mediation to seek a second opinion regarding the agreement reached.

So long as he has not signed a written agreement, and even then under certain circumstances, adjustments can be made and parties can change their mind.

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