Is Mediation legally binding?

Yes and no. It depends on what is agreed to at the mediation, the type of mediation and the intention of the parties making the agreement. The attendance to mediation is voluntary, similar to parties wishing to enter into legally binding relations with each other. In virtually all commercial, contract and employment mediations the outcome is legally binding as the outcome is a legal contract. This is generally not the same for family mediations as often the agreed outcome is more behaviour based than legally enforceable terms, such as a family member will treat another family member with respect etc. Yes this is an agreement and provided the parties to the mediation are there in good faith then you would expect them to honour this agreement, however this type of behaviour agreement is not legally enforceable. back