Is it legally binding?

All discussions in mediation are ‘without prejudice’ (with the exception of the financial disclosure). This means that any decisions which you make are not binding on you and cannot be referred to in the event of subsequent court proceedings, which frees you up to explore more options.

If you reach an agreement through mediation, this is recorded in a document called a Memorandum of Understanding. You will each take this document to your respective lawyer in order to obtain advice and, if you decide to proceed, your lawyers will draft formal documentation incorporating the agreed terms. It is only at this point that the agreement will become legally binding.