Divorce by Mutual Consent --Mediation Settlement--Withdrawal of Consent Impermissible When Settlement Constitutes Full and Final Resolution of All Disputes
A party to a mediation settlement cannot withdraw consent from mutual consent divorce when the settlement constitutes full and final resolution of all disputes between the parties. While statutory law permits withdrawal of consent at any stage before the final decree, this right does not extend to obligations arising from a negotiated and court-confirmed settlement. A settlement authenticated by a mediator subsumes the original dispute and binds the parties. Resilement from such settlement is permissible only upon proof of fraud, coercion, undue influence, or non-performance by the opposite party. Unjustified deviation must attract heavy costs to protect the integrity of the mediation process.
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