Most mediations are without prejudice and non-binding, meaning that the discussions in mediation cannot be used as evidence in Court. To make the terms of a mediation binding, they usually need to be made into Court Orders either by the parties attending court or having their lawyers draft an Order and bring it to Court to be entered.

The parties can choose to have their agreement be binding and enforceable. An agreement must be signed at the beginning of the mediation saying that the agreement made by the parties in the mediation will be binding on the parties, and enforceable in Court. Usually the mediator will require each party to obtain independent legal advice about the implications of a binding mediation before the mediation begins.