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How is a binding agreement reached at mediation?

  • The mediation process is concluded by the parties executing a written agreement.
  • In A W Ellis Engineering Pty Limited and Ors v Malago Pty Limited and Ors1) the parties reached agreement at a mediation but one party denied that an enforceable agreement was in fact concluded.
  • The Court disagreed and found based on the facts of the case that an enforceable agreement existed and made an order for same to be executed (including some new non-contraversial terms.
1) [2012] NSWSC 55

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