One of the most common concerns about mediation is whether discussions, proposals or agreements reached in mediation are binding on the parties.
All discussions, proposals and agreements in mediation are “Without Prejudice”. This means that they are private, confidential and cannot be discussed with the judge if your case ends up in court, enabling you to discuss and explore the options without worrying that what you say may be held against you in the future.
However, financial information which is disclosed in mediation is “open”. It therefore can be used in any subsequent court proceedings and the principle of full and frank financial disclosure applies in mediation.
Any agreement reached can only become binding when put into a binding format, such as a Court approved order or a deed.