Is an agreement reached at mediation legally binding?
Even if an agreement is reached at mediation, it may not be legally binding. Agreements can always be redrawn as a legally binding contract after mediation. If you want to ensure your agreement will be binding, seek legal advice about what is required before you start mediation. If the mediation occurs as part of a court action, the agreement may be formalised as consent orders, which carry full legal weight. People tend to keep agreements even if they are not legally binding, because: • in most cases people keep their word • they have invested time and effort in the mediation • they are keen to avoid further expense from the dispute • it makes sense not to test a fragile relationship.
