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.