Is Mediation as Binding as Divorce?

As with many things in law, the answer is “it depends.”

The goal of mediation in a divorce is ultimately to create a binding legal agreement without going to court. However, anything that you agree to or say during a mediation that does not ultimately end in settlement cannot be used if you later proceed to trial. In contrast, things that you say during trial can be binding and can be used as evidence in future matters that are going through the family court system, as matters tried in family court become part of the public record.

Therefore, the ultimate agreement that is born out of mediation can be legally binding, but the things that are said during the course of mediation are not as legally binding as statements made in the course of litigation.

Categories:

Take The First Step

Fill out the form below to begin your free consultation with
one of our experienced lawyers or call us at (905) 581-7222.

    • Please enter your first name.
    • Please enter your middle name.
    • Please enter your last name.
    • This isn't a valid phone number.
    • Please enter your email address.
      This isn't a valid email address.
    • Please make a selection.
    • Please make a selection.
    • Please make a selection.
    • Please make a selection.
Put Us On Your Side