Wednesday, December 18, 2019

Is Divorce Mediation Legally Binding?

I hear this question a lot but it is not exactly the right question.  Mediation is a voluntary process in which both parties agree to use mediation to help them resolve their dispute.  In the case of a divorce, the mediator will help the parties reach an agreement which will then be drafted into a divorce agreement and ultimately presented to the judge for approval.

Let’s go back to the question, “Is Divorce Mediation Legally Binding?” Mediation is different than arbitration.  In arbitration, the parties present their dispute to an arbitrator and the arbitrator makes a decision. It is sort of like a trial in front of a private judge. Some arbitrations are binding and some are not. Arbitrations often arise as a result of a contractual provision that requires arbitration in the event of a conflict. The contract will indicate whether the arbitration is binding or not.