Are decisions made through mediation legally binding?
For the most part, decisions made through mediation are not legally binding. Mediation is used to help both parties come to a mutual agreement on a particular issue. Of course, if a legal contract is drawn and signed after an agreement has been reached, the contract may be legally binding.
A mediator does not have the power to force either party to follow through with the agreement and sign a legally-binding contract, though. Consult your Phoenixville mediation attorney before signing any documents.
If you are looking for legally binding decisions, you may want to consider arbitration. An arbitrator will serve as a judge between the parties and hold you to your decision in court. However, many parties try mediation first because it allows them a chance to find a common ground. The parties focus on making their own decisions without having a judge make the decisions for them – which one or both parties may not find agreeable.
A mediator can help the parties come to an agreement by asking and answering questions and generally working to keep the discussion moving. Mediation is also typically cheaper and less time-consuming than going to court. For some, mediation might be voluntary, while for others it may be court-ordered. If medication is not successful in reaching an agreement, all is not lost. You can then turn to arbitration or file a lawsuit.
If you are involved in a dispute, you may benefit from an experienced Phoenixville mediation attorney.
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