Services » On settlement
When agreement is reached the mediator will work with all sides to produce a legally binding written agreement. If legal advisers are present, the drafting of the agreement will be carried out jointly by them. In this case the mediator will oversee the drafting of the document to ensure that the document properly reflects the agreement reached.
Only when signed by the parties does the settlement agreement constitute a legally binding contract. This contract or settlement agreement is as enforceable as any other commercial contract should someone later breach a term of the agreement.
We do not know to date of any settlement agreement made at mediation that has not been enforced by the courts. It is important however to ensure that every issue is properly included within the final agreement so that neither party can later claim that the dispute has not been fully and finally resolved.