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Are Agreements Made During Mediation Legally Binding?

When mediating a divorce, the final written agreement reached is legally binding. However, the process of mediation itself is not binding. This is another reason why mediation can be a good option for so many couples. Here are some things you should know, directly from a qualified Fairfield County divorce mediator.

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When Are Agreements Made During Mediation Binding?

Written agreements created during a mediation session, and which are submitted to the court for approval, are as legally binding as an order issued by a judge following a trial. Violating an executed and court-approved mediated agreement can have serious legal consequences. However, mediation offers more flexibility compared to other dispute resolution methods, reducing the risk of being bound by decisions to which you don’t agree. For instance, in arbitration, you're obligated to abide by the arbitrator's decision, and in court, a judge's ruling is legally binding. In contrast, in mediation, any agreement reached must be mutually agreed upon and voluntarily signed before it becomes a court order. Neither the mediator nor your spouse can impose terms on you without your consent.

What Happens When It is Difficult to Reach Agreement?

When facing challenges in reaching agreements on critical issues, it's essential to trust the mediation process. In Fairfield County, many couples attend multiple mediation sessions to resolve difficult issues. Building trust and negotiating in good faith with the mediator may take time. Our firm's mediators are skilled at guiding this process and demonstrating the benefits of fully engaging in mediation. Contact our Fairfield County divorce professionals to navigate mediation effectively and achieve positive outcomes for your divorce settlement.

Why Should We Try Mediation?

Not every couple finds mediation suitable, but if you believe it could help, it's worth considering. By approaching mediation with respect and openness, you and your spouse may successfully negotiate important issues in your Fairfield County divorce. Compared to traditional litigation, mediation offers advantages such as cost-efficiency and a more private, less adversarial environment. Discover how mediation can benefit your divorce process by consulting our firm today.

Contact Our Legal Team

If you want to learn more about mediation or other alternative methods of dispute resolution that can make your divorce less acrimonious and less stressful, we are here for you. Contact the Law Offices of Eric R. Posmantier, LLC to learn more about how we can assist you, and to determine whether mediation is the right path forward for you and your spouse.

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