I couldn't sleep last night so I found it in the internet. This is what it said:
Can a Property Settlement Agreement Be Invalidated?
Yes. A court may declare any property settlement agreement to be invalid if the following are at issue:
- Mistake: If the agreement contains mistakes that would seriously affect the distribution of property, a court may order the couple to redraft the agreement. States may vary in terms of how they treat mistakes that are mutually understood by the parties versus mistakes known to only one party
- Fraud: The property settlement agreement must not be made under circumstances of fraud. Fraud in this context can include the use of deception or concealment to mislead the other party
- Coercion or Undue Influence: The agreement must be mutually agreed upon. One party cannot force the other to sign the document under threat of physical harm or financial pressure
- Unconscionable agreement: A settlement agreement is considered to be unconscionable if it is so unfair to one party as to require a re-drafting. Unconscionability is determined using many different factors, including the financial disposition of each individual.
Also if you look under contracts in Canada, these are some results:
In just the same way as contracts require offer, acceptance, consideration and an intention to create legal relations, agreements reached in mediation are no different. However, it is not always that simple in practice. Post mediation a party may, rather than becoming embroiled in arguments around setting aside any alleged agreement entered into, argue that no binding contract was ever reached between the parties. This may be on the basis that one or more of the constituent elements required for the formation of a contract are absent. Practically, to help avoid this issue arising, most standard mediation agreements provide that the parties will not be bound until the agreement is signed.
Illegality and mistake
A settlement agreement entered into between the parties may be declared void due to illegality (for example a contract that unlawfully fixes prices) or be unenforceable as being contrary to public policy (for example it amounts to a contract in restraint of trade). Equally, depending on its nature and effect, where the parties have made a fundamental mistake about some fact, this can result in the settlement agreement entered into being declared void.
Duress.
A contract which has been entered as the result of duress may be avoided by the party who was threatened. In each case, the wrongful or illegitimate threat must have had some causal effect on the decision to enter into the contract. It is important to remember that in commercial transactions, pressure and "hard bargaining" are commonplace and perfectly proper. Indeed many agreements are entered into under pressure (sometimes overwhelming). In these circumstances it will be important to distinguish between legitimate and illegitimate forms of pressure.
Negligence
A successful action in negligence against a mediator would require a party to establish that the mediator:
• owed a duty of care to the claimant
• breached the duty owed to the claimant
• in breach of his/her duty caused the claimant to suffer recoverable loss
Claims for breach of fiduciary duty
• In light of the relationship of trust between the parties and the mediator, there is a possibility that a party may bring a claim for breach of fiduciary duty against the mediator. Fiduciary duties which may be owed by a mediator to the parties (and therefore may be breached) may include a duty not to be biased, to be trustworthy and to be diligent. For example, a mediator may be in breach of those duties if s/he, in breach of any instructions received, withheld important information from a party to the mediation.
All of these seem to have occurred in the settlement that MG "the mediator" obtained for us, don't you think? Couldn't we do something about it instead of signing it and paying? Could anyone check with their friends that may have some legal knowledge? We can also send a message to Judge Young letting her know this agreement was forced on all of us, there is nothing amicable here!
