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How can an agreement reached in mediation become legally binding?

Once you have reached an outcome, the mediator will draw up what has been agreed between you in a comprehensive document (memorandum of understanding). This document can form the basis of a financial settlement. We prepare a summary of your finances known as the financial summary. These are not legally binding agreements.

You need to take the memorandum of understanding and the financial summary to a solicitor to create a document called a consent order. This has to be signed before being sent to Court for approval. Once approved by the court the order is then legally binding.

Do we need to instruct a solicitor ?

You are free to seek legal advice at any given time.

You may want to see a solicitor before the mediation process starts, to know where you stand legally. Also as mediation progresses there may be certain points at which you want to seek the advice of a solicitor.

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