Are Mediated Agreements Legally Binding?
At the end of the mediation the mediators will prepare a document called a “memorandum of understanding” or “mediation agreement” this document will include all the agreements the couple made throughout the mediation. This document will be signed and notarized as a legally binding document. It is a contract between the couple. In order for the courts to recognize it as a divorce it must be converted into a “divorce decree”. This is the accepted format by the courts. It usually means that the “mediation agreement” is used as an overlay or template to create the decree. Everything that is in the mediation agreement will be in the decree and vice versa. Often times the “mediation agreement” is even filed with the decree as an attachment. To prevent any perception of bias the decree document preparation is done by either the parties or an attorney or paralegal. The mediators can facilitate all of the document preparation if the couple chooses.
