Legal Documents

Post Mediation Agreements

Congratulations on settling your matter in Mediation. But wait, you are not done. In order to make the terms of your settlement legally enforceable in the North Carolina courts, you need a Separation Agreement or Consent Order prepared by a licensed North Carolina attorney. The Mediator may not prepare a binding agreement reflecting those terms.

If we have all of the relevant terms of your settlement, we can provide you with an enforceable Separation Agreement or Consent Order for $600, usually within 48 hours. We can also prepare Deeds required by the terms of your settlement.

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Benefits of a Legally Enforceable Mediated Settlement Agreement

  • Peace of Mind.  Settling your disputes is a relief.  Add to that relief the peace of mind that comes from knowing you have a legally enforceable Agreement and all the documents necessary to complete the process.
  • Promotes Better Relationships.  Having a clear, well-crafted Separation Agreement or Consent Order helps you avoid future disputes by giving each party clear and specific terms and requirements arising from the settlement.
  • Predictable and Reliable. With a well-crafted Separation Agreement or Consent, both parties are less likely to breach the Agreement. You are better able to predict and rely upon the other party doing what they agreed to do.

The Post Mediation Agreement Process

If you and/or your spouse were unrepresented at your mediation, the Mediator may not create a legally binding Agreement. The Mediator will likely prepare a document called a Memorandum of Understanding. In order to make those terms enforceable by the Court, a North Carolina attorney must create a Separation Agreement or Consent Order reflecting the terms of the mediated settlement.
1.

Contact Us

Provide us the names of both parties, whether you have a Memorandum of Understanding prepared by the Mediator, and what documents you anticipate needing.
2.

Supply Documents

Send us a copy of the Memorandum of Understanding prepared by the Mediator following a successful Mediation. You may send it by email or by using our secure Client Portal.
3.

Preparation

We will respond within a matter of hours.  We will let you know whether your situation seems appropriate for this service, and whether we need any additional information before we give you a fixed fee quote for preparing your Settlement Agreement or Consent Order.
4.
Payment
Assuming we receive a sufficiently detailed Memorandum of Understanding accurately reflecting the terms agreed to at Mediation, we can generally prepare your Separation Agreement or Consent Order for a fixed fee of $600.
5.

Follow-up

If you have questions about the terms of your agreement or the legal effects of terms of your agreement, you may schedule a phone consultation in increments of 30 minutes.

Is a Post Mediation Agreement right for you?

You and your former partner may feel like the Memorandum of Understanding prepared by the Mediator is all you will need moving forward. However, if there are actions that need to occur after the mediation, having a legally enforceable agreement is a wise decision. Still not sure? You can schedule a short telephone conference with us and we can explore the costs and benefits of a legally enforceable agreement reflecting the terms of your mediated settlement.
Frequently Asked Questions
Why can’t we just rely on the document prepared by the Mediator reflecting what we agreed to during the Mediation?
Even if your Mediator is a licensed North Carolina attorney, it is not appropriate for that person to draft a legally binding agreement between the parties.  Although the Memorandum of Understanding prepared by the Mediator is a helpful guide to the parties, the Courts cannot enforce the terms of that Memorandum.  If enforcement of the terms agreed to at Mediation is important, it is wise to have it reflected in a Separation Agreement or Consent Order prepared by a licensed North Carolina lawyer so that it is valid and enforceable by the courts in North Carolina.
What is included for the fixed fee of $600?
We will prepare a Separation Agreement or Consent Order reflecting the terms of your mediated settlement within 48 hours of receiving the necessary information and payment from you.  The $600 fee does not include any additional negotiation regarding the terms of the settlement.  We will not provide any legal opinions about the terms of the settlement or give legal advice about any of the provisions of the settlement.  By agreeing to pay the $600 fixed fee you acknowledge that you are retaining Irvine Law Firm for the sole purpose of creating a legally enforceable North Carolina document that reflects the agreements arising from the Mediation with your spouse.  Because we are North Carolina lawyers and mediators, we comply with the rules governing the confidentiality of mediated settlements.
What is the difference between a Separation Agreement and a Consent Order?
A Separation Agreement is a legally enforceable contract between spouses.  A Consent Order may contain the same terms as a Separation Agreement, but it is a Court Order.  In most cases, the Memorandum of Understanding prepared by the Mediator will indicate whether a Separation Agreement or Consent Order is required.  Our $600 fixed fee applies to both Separation Agreements and Consent Orders.
Notice and Disclaimer
• No lawyer-client relationship is established until the services are agreed upon and the fee is paid.
• All documents and legal advice are based solely on the information provided by the client.  
• The lawyer-client relationship is limited to the preparation of the document or the legal advice purchased.
• Irvine Law Firm does not provide tax or financial advice.  All documents and legal services are based on North Carolina law.
• The relationship ends upon transmittal of the final version of the document or the purchased legal advice.
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