Is an agreement reached in mediation legally binding?
Mediation works most effectively when people have a chance to discuss issues openly and explore options without making decisions too soon. To help this happen, any tentative agreements or ideas discussed in mediation are not considered binding during the session. If a partial or complete agreement is reached, however, the mediator will typically write it up and have the parties sign it. To the extent possible, agreement language will reflect the parties’ own words rather than legal language. If an agreement is reached, and neither party has fully involved the courts, this agreement becomes a contract, obligating both parties to comply with it. When parties, who have already initiated court proceedings, reach agreements before a trial occurs, these agreements typically, but not always, are entered into the court record and become enforceable as if the judge made the decision. Enforceability means, for example, that a party can go back to court to seek a remedy if a payment isn’t made ac
