Is an agreement reached in mediation binding?
December 2020 | Jane-Louise Burrows
This is one of the most common questions I am asked when interested parties are considering mediation.
The short answer is no, mediation is a voluntary process and all discussions and negotiations which take place within a mediation are without prejudice, meaning they cannot be used in any court proceedings as evidence of discussions or offers made. This allows both participants to brainstorm, and freely consider and make proposals knowing that they are still able to reconsider and suggest alternative options.
Once final proposals are reached these can be drafted into an order for approval by the court at which point they will become legally binding and enforceable.
Participating in mediation requires a commitment to achieving a solution. As a mediator, my responsibility is to ensure each participant’s point of view is taken into account. Participants will then feel the outcome reflects their views and wishes. They are committed to making it sustainable and successful.
Why is it important for individuals to have an enforceable agreement?
Separation throws our lives into uncertainty. We can feel powerless to organise housing, parenting, money, friendships, holidays, pets, the list is endless. The thought that your ex could change their mind again can be too much to bear. Reaching an agreement in mediation brings clarity and a chance to finally draw breath.
The challenge is having the confidence to manage change when it inevitably happens. Consider how the needs of our children change as they grow up, as will our own needs. In mediation I aim to assist parents to build the ability to work together again and make future decisions, functioning as co-parents.
The solution is not the end but the beginning of a new working relationship.
We have years of experience in mediating between parties. If you are considering mediation as a means to resolve matters, please contact us on 01234 343134, fill in the contact form below, or email enquiries@fullersfamilylaw.com so that we can guide you through the process and ensure that you receive a positive outcome for a brighter future.
Jane-Louise Burrows is a mediator and specialist family lawyer with Fullers Family Law.
Government Mediation Voucher Scheme
We are a part of the government's free mediation voucher scheme which contributes £500 towards the cost of mediation. To find out more about the scheme and to apply, please visit - https://fullersfamilylaw.com/blog/2022/11/free-mediation-vouchers-worth-500-help-reduce-cost-legal-fees
