Avoid Expensive Court Battles
What is Mediation?
“Mediation is a confidential and voluntary process in which parties to a dispute, with the assistance of a Mediator, attempt to reach a mutually acceptable agreement to resolve the dispute”
– Definition of Mediation according to the Mediation Act 2017
Points to Remember
Following mediation if there is agreement on all or any of the issues in dispute either a Mediation Settlement is drafted by the Mediator and signed by the parties(legally binding) or a Memorandum of Understanding/Note of Mediated Agreement(non legally binding) is drafted by the Mediator and signed by the parties.
Not all issues in dispute have to be agreed during mediation. Agreement even on some of the issues is a success and an agreement can be signed on what has been agreed.
A Mediation Settlement shall have effect as a contract between the parties to the settlement except where it is expressly stated to have no legal force until it is incorporated into a formal legal agreement or contract to be signed by the parties. A Court may enforce a Mediation Settlement agreement.
The Court Service Annual Report 2019
“Likewise, we engage via many groups with those seeking protection or solutions in the area of family law. One study has shown that, where we provide information on family mediation in courthouses, there can be a four fold increase in mediation and agreement.”