Marriage of Kieturakis

Anna (plaintiff) and Maciej Kieturakis (defendant) reached a marital settlement agreement (MSA) through mediation, incorporated into a judgment, in which both parties stated they understood their fiduciary duties, were fully aware of the MSA's contents, and entered it free from duress, fraud, undue influence, coercion, or misrepresentation. Nearly two years later, Anna moved to set aside the judgment and MSA alleging fraud, duress, and lack of disclosure, but refused to waive mediation confidentiality; the trial court held Maciej bore the burden of dispelling a presumption of undue influence, but allowed evidence of what actually occurred during mediation, which defeated Anna's case. Anna appealed, arguing that mediation evidence was wrongly admitted.