At the end of a “successful” mediation session, a Memorandum of Understanding is often drafted, setting out the terms of the proposals or agreement reached between the parties.
This document is made “Without Prejudice”. This means that it cannot be shown to the judge in any subsequent court proceedings. It is, however, a useful tool which enables the parties to see in writing exactly what was proposed or agreed.
If agreement is reached and both parties are happy with what is proposed in the Memorandum of Understanding, the terms can be incorporated into a draft Court order which can be sent to the Court for approval with the consent of both parties. Alternatively the terms can be set out in a separation agreement or deed.
The terms of the agreement only become binding when the order is approved by the Court or the deed of separation is complete with the correct signatures and engrossment.