Are divorce mediation agreements binding?

This is a question I get asked a lot. The short answer to the question is yes. A mediated agreement is presented to the court in a Memorandum of Understanding (MOU), and it’s signed by both parties. When a judge approves the agreement, it becomes a binding agreement. 

During divorce mediation, there is no need for attorneys. If both parties abide by the agreed terms in the memorandum, there will never be a reason to go back to the courtroom and have any decisions imposed on you. 

Keep in mind — I am not an attorney. It is not necessary to involve attorneys in the divorce mediation process or have any representation in court. My clients represent themselves pro se.   Although I do not have any experience before a judge, common sense would suggest that judges are happy to approve agreements where both parties have signed on and are  comfortable with their decision.

A judge is going to look over the agreement from a legal point of view, ask questions, and maybe make some modifications. But for the most part, the agreement you present to the judge is your agreement. And there should be no reason to make any changes.

Mediated agreements during divorce mediation are binding. They are legal agreements approved by the court, and they are a direct reflection of what the couple has decided is best for themselves and their family. 

Do you have more questions about divorce mediation? Learn about the process. 

Ready to schedule a divorce mediation meeting? Contact us today.

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