Mediation is first and foremost a non-binding procedure. This means that, even though parties have agreed to submit a dispute to mediation, they are not obliged to continue with the mediation process after the first meeting. ... Unlike a judge or an arbitrator, therefore, the mediator is not a decision-maker.
How enforceable is a mediation agreement?
A mediation agreement document is a contract. ... If the mediation was court-ordered, then the agreement is filed with the court as the court's judgment, and the case is dismissed. In these cases, the agreement is a legally binding and enforceable contract.
Is an agreement in mediation legally binding?
Mediation agreements are not legally binding. The advantage of this is that the agreement is flexible and can be changed to suit the parties. ... A consent order is a legal document usually drawn up by a solicitor setting out what you have agreed during mediation that will then be sent to the court and approved by a judge.