Is mediation legally binding, and what happens if one party doesn’t comply with the agreement?

Yes and no. The mediation itself is not binding, but you can — and most people do — end the mediation by signing a legally binding agreement that reflects what was discussed. That’s something a mediation attorney can help you sort out.

If you’re in a situation where one party doesn’t comply with the mediated agreement, the consequences depend on what you did after mediation. If you took the extra step to convert the agreement into a legally binding contract, you could pursue enforcement through the courts. This would mean asking the court to order the non-complying party to do what was agreed.

If no binding agreement was signed, then your options are limited. Especially when you consider that what happens during mediation is typically confidential. As a result, you may need consent from the other party to even present the details of the mediation as evidence for anything. But again, most mediations end with both parties signing an agreement, assuming an agreement was reached. You can learn more about what is mediation​ on this page.