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Insight > Divorce and family FAQs > Is mediation legally binding?
Mediation and other methods of Non-Court Dispute Resolution (NCDR)
Is mediation legally binding?
Mediation is not legally binding. To get a legally binding agreement, you need a court-approved consent order.
If an agreement is reached in mediation, the mediator will usually write it up into a document sometimes called a 'Memorandum of Understanding' or a 'Confidential Summary of Proposals'. In financial mediation, this will usually be accompanied by an 'Open Financial Statement', summarising the disclosure that was given. In mediation involving child arrangements, this may be accompanied by a Parenting Agreement.
The agreement created in mediation, as summarised by the mediator, is not legally binding until you have both had time to reflect, the opportunity to take independent legal advice and confirmed that you wish to be bound by it.
A financial agreement will usually then be converted into an approved court order to ensure that it can be enforced if necessary. Conversely, most agreements in relation to arrangements for children are not made into court orders – the court will only make orders where it is better for the child to have an order (and, where parents agree, the courts often consider it unnecessary to have an order). Also, there are no 'final orders' for arrangements for children; any arrangement must be in their best interests and this will likely change over time. However, where there are concerns about willingness to implement an agreement it may be useful to obtain an order by consent – it will depend on the particular circumstances.
In these FAQs and answers, we use 'England' as a shorthand for 'England and Wales' because England and Wales share a single legal system. Scotland, meanwhile, is a different legal system and has different rules for many aspects of family law.
We have also chosen to talk about 'marriages' most of the time (which may be between either an opposite or same-sex couple). Unless we say otherwise, what we have said is also true of civil partnerships (which may also be between an opposite or same-sex couple).
These FAQs (and our website more generally) contain general information based on English law as it stands at the date of publication, but they do not constitute legal advice, nor are they tailored to any couple or family's particular circumstances. Whilst we endeavour to ensure it is accurate and up to date, website users should seek appropriate legal advice before taking or refraining from any action based on the content of the website. We would, of course, be willing to assist with this, and you can contact us here.
Any pricing information is similarly general. Our clients' relationship with us is governed by the terms of the engagement letter sent to them at the beginning of their instruction.
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Our team of divorce law solicitors are on hand to help and support couples who are thinking about divorce. Speak to one of our experts confidentially by phoning Sarah on the number below, or complete our online enquiry form and we will contact you directly.
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