Mediation itself is not automatically binding. Mediation is a voluntary process designed to help parties reach mutually agreeable resolutions with the assistance of a neutral mediator. The discussions and exchanges that occur during mediation are confidential and not binding by default. This confidentiality encourages open dialogue and brainstorming without fear of legal repercussions.
However, if an agreement is reached, it can become legally binding under specific conditions.
To ensure that the outcomes of mediation hold legal weight, the following steps must be taken:
A Written Agreement
If the parties reach a resolution, the mediator or legal counsel will draft a written agreement summarizing the terms. This document is often referred to as a "mediation settlement agreement" or "memorandum of understanding."
Signing by Both Parties
Both parties must review, agree to, and sign the document to confirm their acceptance of the terms.
Court Approval
In divorce and/or child custody disputes—the agreement must also be submitted to a court for approval. Once approved by a judge, the agreement becomes a legally binding court order, enforceable by law.
At Couples Solutions Center we handle all mediation, as well as the drafting and filing of all legal documents. We offer a concierge service handling your divorce mediation process from beginning to end in our office. If you are interested in scheduling a complimentary consultation for you and your spouse, you can do so here. Not ready to begin conversations with your spouse, but want to speak to a mediator about how the process works? Schedule an individual, complimentary 30-minutes consultation here.
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