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  1. #1
    Join Date
    Sep 2016
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    13,916

    Default Attorney Fee Provisions in a Mediation Agreement

    A woman divorced her husband and, due to her circumstances at the time, their children ended up living with a paternal aunt. The mother has remarried and wants custody. The aunt has proposed mediation, but has asked that the mother sign a contract that says that if an agreement is not reached at mediation, the mother will pay the aunt's legal bills for any subsequent litigation. Is that normal? What should the mother do?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Attorney Fee Provisions in a Mediation Agreement

    No, it's not normal, and the mother should not make that commitment -- she would be giving opposing counsel a blank check to spend her money to prevent her from getting custody.

    The mother should get a lawyer, determine whether she even needs to go to court to take custody back, and then act on the advice of counsel to terminate any court order and to regain custody.

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