I’m in the process of signing a mediation agreement for a legitimation and custody case I filed. Joint custody has been granted, but I’m unsure about the part of the agreement that mentions waiving my right to rescind. Can anyone help explain what this means before I sign or initial it?
From what you’ve described, it sounds like the waiver part refers to giving up your right to rescind or cancel the agreement. Typically, if you sign it, you’re agreeing that you won’t try to undo the mediation terms unless it’s within a specific time frame and done in writing.
@Mai
So, if I sign it, I’m basically waiving my right to change my mind later?
Emory said:
@Mai
So, if I sign it, I’m basically waiving my right to change my mind later?
That’s right. If you sign, you’re agreeing to the terms and waiving your right to back out, unless the agreement specifically allows for a period where you can rescind in writing. Make sure to carefully check that part of the agreement.
In these types of agreements, rescinding often requires formal written notice within a specific time frame. Simply telling the mediator or the other party verbally doesn’t count. If you think you might need to back out later, pay close attention to the time limits and whether you’re comfortable waiving that option.
@Brett
Got it. So if I don’t send a written notice within that time, the agreement is final?
Emory said:
@Brett
Got it. So if I don’t send a written notice within that time, the agreement is final?
Exactly. Once that time limit passes and you haven’t rescinded in writing, the agreement becomes binding.
It’s also worth noting that by signing the agreement, you voluntarily waive your right to object to the terms later unless it’s in line with the rescission process they’ve outlined. If you’re not sure about what you’re agreeing to, it might be a good idea to have a lawyer review it before you sign.
@Frost
That makes sense. I think I’ll have someone look over it to be sure before I sign.
If you feel uncertain, getting legal advice before signing would be helpful, especially if the waiver impacts your rights to modify the agreement later. Make sure the rescission process is clear to you, including how much time you have to change your mind.
@Hayden
Thanks! I’ll make sure to get clarification before I sign anything.