Is mediation legally binding?
By Elisabet Anderson
The short answer is that agreements reached in mediation are not legally binding.
Mediation offers the perfect setting for doing all the preparatory work, such as fact-finding (e.g. regarding finances and property), discussing options, choosing a solution or settlement, and assessing whether the chosen solution is workable in practice (‘reality testing’).
The mediator can prepare a summary of what was decided in mediation. This can, if all participants to the mediation consent, be turned into a legally binding agreement or into a ‘consent order’. Solicitors can be instructed to do this.
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