Mediation Act 2017
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Enforceability of mediation settlements | ||
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11. (1) The parties shall determine— | ||
(a) if and when a mediation settlement has been reached between them, and | ||
(b) whether the mediation settlement is to be enforceable between them. | ||
(2) Notwithstanding subsection (1) and subject to subsection (3), a mediation settlement shall have effect as a contract between the parties to the settlement except where it is expressly stated to have no legal force until it is incorporated into a formal legal agreement or contract to be signed by the parties. | ||
(3) Without prejudice to sections 8 and 8A (inserted by section 20 of the Status of Children Act 1987 ) of the Family Law (Maintenance of Spouses and Children) Act 1976 and subject to subsection (4), a court may, on the application of one or more parties to a mediation settlement, enforce its terms except where the court is satisfied that— | ||
(a) the mediation settlement— | ||
(i) does not adequately protect the rights and entitlements of the parties and their dependents (if any), | ||
(ii) is not based on full and mutual disclosure of assets, or | ||
(iii) is otherwise contrary to public policy, | ||
or | ||
(b) a party to the mediation settlement has been overborne or unduly influenced by any other party in reaching the mediation settlement. | ||
(4) Where a mediation settlement relates to a child, a court, in determining any application with regard to the mediation settlement, shall be bound by section 3 (amended by section 45 of the Children and Family Relationships Act 2015 ) of the Guardianship of Infants Act 1964 . |