Legal enforcement of agreements

Normally an agreement reached in mediation is not legally binding, but you can make it enforceable if you choose to.

When the agreement is drawn up, you can include a statement saying that you want it to be legally binding. A solicitor can then draw up the necessary documents.

If your dispute was referred to mediation by a court and you have reached an agreement, you can ask the court to make a consent order. This is an order containing the terms you have agreed to. This gives your agreement legal force and means action can be taken against you if you breach the terms of the order.

If solicitors are present at the mediation, they can draft the agreement in a legally binding form then and there.