Can I Revoke or Set Aside a Mediated Settlement Agreement in a Texas Divorce?

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Some time ago, a colleague approached me with inquiries. It was about the possibility of revoking or setting aside a Mediated Settlement Agreement (MSA) in a Texas Divorce. This question has been a topic of debate among attorneys. It’s one that many family law practitioners in Texas are familiar with. Generally, the consensus among legal professionals is that revoking or setting aside an MSA is exceedingly challenging in most circumstances.

Recently, I had a chance to revisit this topic. A fellow attorney had a case where the opposing party was trying to set aside an MSA. It had been some time since I last looked into the question. So, I started looking at whether there was any new case law on the subject.

Relevant Facts

My friend told me the parties had attended mediation with a mediator to settle their divorce. All parties, along with their attorneys and the mediator, entered into and signed a Mediated Settlement Agreement on that date.

Later, the wife changed her mind and fired her old attorney. She hired a new one who filed a motion to set aside the MSA. The husband wanted the Mediated Settlement Agreement to stand and filed a motion to enter the final decree based on the MSA.

Wife’s Argument on Why the MSA Should be Set Aside

The wife asserted that the MSA should be set aside because:

  1. The mediator was not an attorney and thus illegally acted as an attorney.
  2. The MSA stated that the mediator would arbitrate drafting disputes for the order.
  3. If the mediator acted as an arbitrator, that would involve the unauthorized practice of law.

Requirements for Mediated Settlement Agreement

  1. provide, in a prominently displayed statement that is in boldfaced type or capital letters or underlined, that the agreement is not subject to revocation;
  2. be signed by each party to the agreement; and
  3. be signed by the parties’ attorney, if they are present at the time the agreement is signed (Tex. Fam. Code §6.602(b)). If these requirements are met, the agreement is valid and a party is entitled to judgment on the agreement (Tex. Fam. Code §6.602(c)).

In addition to these requirements, Texas Courts have recognized that for a Mediated Settlement Agreement to be valid, the dispute must have been mediated by a valid mediator (Lee v. Lee, 158 S.W.2d 612, 614 (Tex. App. – Fort Worth, 2005)).

In the case that we are discussing there were:

  1. A third-party mediator between the two parties to an agreement;
  2. Both parties and their attorneys sign off on the agreement; and
  3. A prominently displayed agreement that it was not subject to revocation.

Thus, the requirements of Section 6.602(b) and those in Lee had been met.

Is Mediation the Unauthorized Practice of Law?

The wife also argued that the Mediator acted illegally by engaging in the unauthorized practice of law because they mediated the divorce while not licensed as an attorney in the state of Texas.

Conclusion

The process of revoking or setting aside a Mediated Settlement Agreement (MSA) in Texas divorce cases presents significant challenges. Despite occasional debates among attorneys, the consensus remains that such motions, commonly known as “motion to set aside mediated settlement agreement Texas,” are typically difficult to succeed in. Understanding the intricacies and limitations surrounding these motions is crucial for individuals navigating divorce proceedings in Texas, highlighting the importance of seeking informed legal counsel to navigate this complex aspect of family law.

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Other Articles you may be interested in regarding Houston Court Local Rules:

  1. Can Family Violence Render a Mediated Settlement Agreement Void?
  2. Is a Mediated Settlement Agreement Still Valid in Texas if a Case is Dismissed?
  3. Can You Challenge a Mediated Settlement Agreement in Texas?
  4. 247TH Judicial District Local Rules
  5. 246TH Judicial District Local Rules
  6. Harris County, Texas Family Law Court – 308TH Judicial District Local Rules
  7. Harris County, Texas Family Law Court – 257TH Judicial District Local Rules
  8. Why is Separate Property Important and How to Keep it Separate in a Texas Divorce?
  9. What Wikipedia Can’t Tell you About Texas Divorce and Marital Property Division
  10. Texas Divorce Property Division Enforcement
  11. Separate Property in a Texas Divorce?
  12. Does it Matter Whose Name is on the Title or Deed of Property in a Divorce in Texas?
  13. Is Social Security Considered Separate Property in a Texas Divorce

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Categories: Mediation , Divorce

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