Vitakis-Valchine v. Valchine

793 So. 2d 1094 (2001)

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Nature of the Case

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Facts

W and David (H) were married for 12 years with the divorce proceedings going on for one and a half to two years. On August 17, 1999, they attended court-ordered mediation. Both parties were represented by counsel. The mediation lasted seven to eight hours and resulted in a twenty-three-page marital settlement agreement. The agreement was comprehensive and even addressed the disposition of embryos that the couple had frozen during in vitro fertilization attempts prior to the divorce.

A month later, W filed a pro se motion seeking to set aside the mediated settlement agreement. W was represented by different counsel who claimed the mediation agreement was entered under duress and coercion, and the agreement was unfair and unreasonable on its face. W alleges the mediator told her the judge would never allow her possession of the embryos and that she was not entitled to any of H’s federal pension. W was also told by the mediator that she would be blamed for not reaching an agreement. W testified that she signed the agreement in part due to 'time pressure' being placed on her by the mediator. W explained that the mediator had repeatedly stated that his daughter was leaving for law school, and finally said that 'you guys have five minutes to hurry up and get out of here because that family is more important to me.' W testified that she ultimately signed the agreement because she felt pressured. The court denied the motion. P appealed.