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Is Divorce Mediation Legally Binding in Pennsylvania?

Is Divorce Mediation Legally Binding Upon Completion?

Divorce mediation is a cost-effective alternative dispute process in which the parties agree to negotiate the terms of a divorce in a non-confrontational matter. Instead of the formal divorce proceedings, which require litigation and multiple court appearances, the mediation process involves one or several mediation sessions wherein the parties are guided towards mutually agreeable solutions by a neutral third-party mediator. If you are considering divorce mediation, you may wonder whether the mediation agreement negotiated during the mediation process is a legally binding agreement.

The answer to this question depends on various factors, and this article prepared by the Philadelphia divorce mediators at Peaceful Separation and Divorce provides a comprehensive overview of the legal aspects of divorce mediation.

Divorce Mediation Itself Is Not Legally Binding

Divorce mediation is a preferred method of negotiating a divorce settlement. As divorce mediation is voluntary, it is not legally binding, as a mediator cannot force you to attend or agree to a divorce settlement. In general, a marital settlement agreement produced during the mediation is a legally binding agreement. A PSA is a contract in PA. It is enforceable, and will be enforced by the court once it is filed with the final documents to obtain a divorce decree.

Court-Ordered Mediation is an Exception

In some divorce cases, the spouses must engage in divorce mediation according to a court order. Under Pennsylvania law, a court has the power to force each party to attend a divorce mediation session. While a court can order you to attend divorce mediation, it does not have the ability to order you to engage in negotiation with your spouse or agree to a fair settlement. Different counties in Pennsylvania treat compulsory mediation differently. It’s important to consult with a Family Lawyer who practices regularly in the county where your divorce will be filed.

Mediation Agreements Are Legally Binding

The final stage of the divorce process occurs when a court issues a divorce decree. Under Pennsylvania law, a divorce decree formally terminates a marriage and will usually include court orders on issues relating to classification of marital property, property division, and perhaps alimony, if applicable. If the divorce mediation process results in a marital settlement agreement which is subsequently merged into a divorce decree, it becomes a legally enforceable contract.

Unsuccessful Mediation Will Not Results in Binding Agreements

There are instances in which divorce mediation negotiations fail. If the parties cannot negotiate a final agreement during divorce mediation, the process will not result in a legally binding agreement. If you and your spouse cannot negotiate an agreement, you must explore other options, such as retaining a family law attorney and engaging in litigation to resolve contested issues in your divorce.

Consequences of Violating a Mediation Agreement

If one spouse violates a mediated agreement, the other party can seek legal recourse. If a negotiated mediated agreement is merged into a divorce decree, it is treated as a legally enforceable contract. This means a court can enforce the terms of the contract.

Unenforceable Mediation Agreements

Not all mediation agreements are enforceable. If the divorce mediation agreement is not merged into a divorce decree, it is not enforceable. Additionally, the divorce mediation is based on fraud, coercion, or mistake, a court may declare the agreement invalid according to Pennsylvania law.

Talk with an Experienced Divorce Mediator

If you are considering divorce mediation, working with an experienced mediator who can guide you through the divorce mediation process and help you understand your legal rights and obligations is crucial. A skilled mediator can provide legal guidance in your divorce and also help you draft an agreement that is legally binding and protects your interests. Contact us today for a free initial consultation.

Summary of How Divorce Mediation is Legally Binding

Divorce mediation is not legally binding, but the mediated agreement reached during the process can be legally binding if merged into a divorce decree. While mediation is generally voluntary, a court can order the parties to attend divorce mediation in some counties. For expert guidance from a divorce mediation lawyer, contact Peaceful Separation & Divorce to ensure your mediation process is effective and enforceable.