Why Your Mediator Cannot Draft a Legally Enforceable Settlement Agreement After Your Successful Mediation

You settled your case in Mediation.  Let’s assume you and your spouse tried mediation even before you hired attorneys, trying to save money.  You settled your dispute and the Mediator drew up a Memorandum of the agreement.  Unfortunately, this Memorandum is not enforceable in court.

The Rules that govern mediators in North Carolina prohibit mediators from giving legal advice or otherwise “practicing law” while acting as a mediator.  The drafting of an agreement that can be enforced by the courts is the practice of law. Your Mediator cannot prepare an enforceable agreement for you and your spouse.

We understand your frustration.  You and your spouse did mediation first to hopefully avoid having to hire lawyers.  Then you learn that you need a lawyer to make your mediation agreements enforceable.

A fast, convenient and affordable alternative. Rather than searching for a lawyer, waiting for an appointment and attending the conference in person, let Irvine Law Firm prepare your settlement agreement for a fixed fee of $600.  Using the Memorandum prepared by your Mediator as a guide, we will prepare a legally enforceable Separation Agreement or Consent Order.  We can usually have the agreement to you by email within 48 hours.      

You and your former partner may feel like the Memorandum of Understanding prepared by the Mediator is all you will need moving forward. However, if there are actions that need to occur after the mediation, having a legally enforceable agreement is a wise decision.

Still not sure?  You can schedule a short telephone conference with us and we can explore the costs and benefits of a legally enforceable agreement reflecting the terms of your mediated settlement.  Learn more about our process here.

‍^{Irvine Law Firm blogs are provided for informational purposes only and do not necessarily reflect the most current legal developments. Further, the content does not and is not intended to constitute specific legal advice. The facts relating to every situation are different and you should not act or refrain from acting based upon information provided in these materials without first consulting your legal counsel.}