Is mediation legally binding?

Mediation is binding if it results in a written agreement between you and your ex – and only after each of you has obtained independent advice from a lawyer. However, the process itself is voluntary.

It involves using an individual who is trained to help you and your ex resolve your divorce-related issues privately through negotiation, without having to go to court. It is a less acrimonious, and more cost-effective way to potentially settle at least some of your disputed issues.

Those issues can include the division of your property, support entitlements, and custody of/access to your children. The mediator does not actually make decisions or give legal advice; he or she merely facilitates the issue-resolution process which forms the basis of the agreement. Any issues you and your ex can’t resolve by mediation can still be addressed through court.

For additional information on mediation, see these articles on our website:

What You May Not Know About Mediation

Mediator or Divorce Lawyer: Should You Choose One or Have Both?