Mediation Bill 2017 – TABLE OF CONTENTS
Enforceability of mediation settlements
| 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. | |||
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