Are Mediation Agreements Legally Binding?

Mediation | November 30, 2021 | Written by Crystal Arbour

If you are going through the process of mediation, it is important to understand what mediation is and what a mediation agreement entails. Mediation can be used for a variety of disputes to find a solution that satisfies the expectations of all parties involved. As experts in family law mediation, the lawyers at Linley Welwood have provided some important information on mediation and mediation agreements. Knowing whether mediation agreements are legally binding will help to ensure that the process continues to move toward an optimal solution for all disputants involved.

Learn all about the differences between divorce lawyers and divorce mediators.

What is Mediation?

Mediation is a method that can be used to settle disputes or lawsuits outside of court. This method utilizes a neutral third party, known as a mediator, to help all disputing parties find an ideal solution. Mediators do not render verdicts or impose settlements. Instead, they help each party communicate and negotiate in a constructive manner to reach a positive outcome for all parties. Unlike litigation, the goal of mediation is not to determine a winner and loser. Mediation seeks to find a resolution that works for every disputant, ensuring that every party is satisfied with the result.

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How is Mediation Used?

Mediation is a collaborative alternative to litigation that can be used for the following types of disputes:

  • Family law (custody, child support payments, division of property, etc.).
  • Insurance claims (home damage, health coverage, car accidents, etc.).
  • Employment (harassment, wage disputes, wrongful dismissal, etc.).
  • Business disputes (breach of contract, partnerships, etc.).

By choosing mediation, disputants can come to an agreement that is beneficial for all parties. Mediation agreements are often sustainable and voluntary, helping to preserve relationships and ensure a “win-win” solution for all disputants involved.

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What are Mediation Agreements?

A mediation agreement is a settlement that is reached through the mediation process. Mediation agreements must be completely voluntary, but all parties are encouraged to review them with a lawyer before signing and accepting the terms. Once this written agreement is signed, it becomes legally binding and can be referenced by the court if any party attempts to alter the terms or act outside of them. If there is any evidence of non-consent, duress, or fraud that compromises the quality of the agreement, it can become void and non-binding. If mediation does not result in an agreement, the dispute may move to litigation or proceed to a trial.

To learn more about mediation and mediation agreements, get in touch with the experts at Linley Welwood. Our lawyers can be reached at 604-850-6640 and will work with you to provide the perfect solution for your precise needs.

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