Is mediation legally binding?

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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