Danny Gelb Mediation Services

6 Tautari Street, Orakei
Auckland

Mediation Services Dispute Resolution

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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 of 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 as legally binding as a legal contract. This is generally not the same for family mediations as, often the agreed outcome is more behaviour based rather than having legally enforceable terms. For example, it might be agreed that a certain family member will treat another family member with respect etc. 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.

 

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