No Automatic Grace Period for Mediation Agreements
Do you have 30 days to change your mind after a divorce mediation? I’m Tulsa divorce attorney James Wirth, and that is the question that we received. Somebody asked, “After mediation, isn’t it true you have 30 days to change your mind?” The answer is no, with a partial exception.
Mediation is a voluntary process unless it is court-ordered, but even then, settling is entirely up to the parties involved. Unlike arbitration, where a neutral third party makes a binding decision, mediation involves a mediator facilitating discussions, helping both sides find creative solutions and common ground. However, no one can be forced into an agreement — it requires mutual consent.
The Binding Nature of Mediation Agreements
Once an agreement is reached, it’s best practice to draft and sign it during mediation to ensure enforceability. Courts generally treat signed mediation agreements as binding contracts, meaning you cannot simply change your mind afterward unless there are extraordinary circumstances. There is no automatic cooling-off period unless the mediation agreement explicitly includes one.
While parties could agree to a clause allowing a set timeframe to reconsider, this is uncommon. If you’ve reached an agreement but now have concerns — whether you want to back out or enforce it against the other party — you should consult a Tulsa family attorney to understand your legal options.
Schedule a Low-Cost Initial Strategy Session
To do that with my office, give us a call or go online to MakeLawEasy.com. You can reach us at 918-879-1681. Whether you need advice on enforcing a mediation agreement or considering your options, our affordable strategy session can provide the guidance you need. Don’t wait — get the legal help you deserve.
