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Frequently Asked Questions: Divorce Mediation

Is mediation legally binding?

Mediation is a completely voluntary process. Any agreements made are not binding, unless the parties wish to make them so. Any party can leave the mediation if he or she feels it is not working for that party. If the parties enter into a written agreement that has been developed during the mediation, that written agreement is likely to be a binding contract. In divorce mediation, often the parties enter into a mediated divorce agreement, which, if approved by the Court, becomes the legally binding agreement relating to their divorce.

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