Mediation Fraud, September 2023

On 9/11/2023, while I was traveling cross-country from Boston, Massachusetts, to Coeur d’Alene, Idaho, a mediation session was conducted in relation to the pending divorce proceedings. This mediation occurred prior to a scheduled temporary orders hearing set for 10/16/2023. Maria had unilaterally scheduled both the mediation and the temporary orders hearing.

Due to Maria’s insistence, I was compelled to participate in the mediation remotely from AmericInn by Wyndham in Rapid City, South Dakota, while under immense time pressure. This was a deliberate tactic employed by Maria, despite my planned arrival in Coeur d’Alene on 9/14/2023.

The unreasonable pressure and chaotic circumstances surrounding the mediation were entirely orchestrated by Maria. She intentionally scheduled the mediation during my road trip to maximize stress and pressure, thereby increasing the likelihood of my acquiescence to her demands. This constituted a calculated maneuver designed to ensure the success of her manipulative scheme. As Maria had recently threatened to withhold our daughter from me, and given Maria’s past behavior, I was desperate to enter into a temporary agreement in order to be able to see my daughter.

From the outset of the mediation, it was evident that achieving a comprehensive agreement would not happen. Consequently, we reached a limited, temporary agreement covering the period from the date of the agreement until 10/16/2023. This agreement was reached with the explicit understanding by all parties, including the mediator, that it would be superseded by a subsequent agreement or order following the temporary orders hearing.

Despite the unfavorable terms of the temporary agreement, I consented, under duress, to its provisions, believing it to be a short-term solution that would allow me to maintain some contact with my child, our daughter The Maria had communicated to me that she would withhold my daughter from allowing me any visitation unless I signed this agreement.

However, immediately following the mediation, Maria unilaterally canceled the scheduled temporary orders hearing set for 10/16/2023. Upon discovering this cancellation on 9/14/2023, I promptly attempted to retract my signature from the mediation agreement.

Subsequently, Maria falsely represented to the presiding judge that we had mutually agreed to an indefinite order, a statement she knew to be untrue. This constituted a deliberate misrepresentation intended to impose an oppressive custody arrangement and compel me to indefinitely cover the mortgage and homeowner association fees on the marital residence.

During the mediation, Maria explicitly assured me that the custody arrangement outlined in the agreement was temporary and would remain in effect only until 10/16/2023. This constituted a fraudulent misrepresentation, made with the intent to gain an unfair advantage, exploit the “off the record” nature of mediation discussions, and inflict further emotional distress upon me.

Several pieces of evidence support my assertion that the mediation agreement was intended to be temporary:

• A temporary orders hearing was initially scheduled for 10/16/2023. The custody schedule within the agreement expired before 10/16/2023, with no provisions for my custody or visitation rights thereafter.
• Immediately after Maria canceled the 10/16/2023 hearing, her sister Kathleen Centers reserved that same date for a Motion to Compel hearing in her own custody case (Kootenai County Magistrate Court CV-2015-2250), strongly suggesting collusion and an intent to deceive.
• Upon learning of the canceled hearing, I immediately contacted my attorney to rescind my signature from the mediation agreement, as the hearing was an express condition of my agreement.
• These circumstances constitute fraud in the inducement, as I was induced to execute the mediation agreement based on Maria’s fraudulent statements and misrepresentations. Maria knew her representation regarding the temporary nature of the agreement was false and made this representation with the intent to deceive me into signing the agreement.
• Relying on Maria’s false representation, I signed the mediation agreement.

After I signed the agreement, Maria falsely informed the judge that I had agreed to an indefinite temporary order, which was a blatant lie.

As a direct result of Maria’s fraudulent misrepresentation, I was ordered to pay the mortgage and homeowner association fees on our condominium from September 2023 through 1/9/2025 (costing over $11,000). This also forced me into an oppressive visitation schedule, requiring me to drive over Snoqualmie Pass between Seattle, Washington, and Idaho twice weekly in the middle of the night during the winter months, as visitation was weekly from 9 AM to 5 PM on Saturday and Sunday. To keep this up, would cost me $2000 per month, which was absolutely oppressive and not feasable whatsoever.

This caused severe mental strain and emotional distress, which would have been avoided if not for Maria’s fraudulent misrepresentation. This ultimately led to me having a mental breakdown in January 2024, which is exactly what Maria wanted.