Vitakis-Valchine v. Valchine
Court of Appeals of Florida
793 So. 2d 1094 (2001)
Kalliope and David Valchine (plaintiff and defendant), married twelve years, disputed possession of frozen embryos and David's federal pension during nearly two years of divorce proceedings; the court ordered them into mediation, which lasted almost eight hours and produced an agreement. Kalliope alleged the mediator coerced her by threatening to tell the judge she alone was blocking a settlement, and by falsely telling her the judge would never award her the embryos or any share of David's pension. Kalliope moved to set aside the resulting settlement as coerced and entered under duress; the trial court denied her motion and entered final judgment incorporating the agreement, and Kalliope appealed.
Whether a court may set aside an agreement reached in court-ordered mediation if that agreement was reached as a direct result of the mediator's violation and abuse of mediation procedures.