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Hello All,
I am due to have my first mediation session with the ex next weekend, and am starting to prepare myself for that so i go in knowing exactly what i want to achieve, what i can be flexibly on and what i can not be etc. One (of the many!) things i am not sure about is what happens once (if) we reach an agreement? the ex is unreliable so whilst she may have every intention of sticking to any agreement at the time we make it i have serious doubts about how long that will last. Because of this i would like the agreement we make to become legally binding, but im not sure how i will go about this? is this something that can be done through the mediators or will i have to do it myself by applying for a contact order?
Many thanks
RugbyDad
My understanding is that it can only be binding if it is formalised with the courts. Being in breach of a court order is serious compared with breaching a mediation agreement. Hope that helps
I think it has its place particularly as it potentially reduces heightened conflict and reduces costs associated with courts.
Each case is unique and medication should always be considered in order to prevent going to the courts.
There in lies the difficult if the agreements are not stuck too.
The legalities get very distorted here breaking orders or refusing to agree after one is made. I would bow down here to get corrected and would still work with the stance if mediation is possible take it. There is nothing stopping you still applying at the same time to rubber stamp it.
You can discuss how to make the agreement legally binding with the Mediator. I think you can have it written up into a legally binding document by a solicitor, if not you would take the agreement to court where it would be written into a Consent Order and rubber stamped.
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