What happens if we reach agreement at a remote mediation?

The basis on which Mediations take place is usually contractual, and typically includes a provision to the effect that ‘any agreement reached at or following the mediation shall not be binding on the parties unless it is recorded in writing and signed by the parties and/or their authorised representatives;’ (IPOS Mediation agreement). As a result, once an agreement in principle has been reached following an in-person mediation, both sides’ lawyers usually share a laptop and start drafting, seeking to agree Settlement agreement wording. It is then printed off and each lawyer has their client sign the same (paper) copy. This usually takes place in a law firm setting, where late night printing is not a problem (printer access codes permitting!) both sides are physically present to sign. The fully signed version is then photocopied, and each side leaves with their own copy The original is usually retained by the claimant law firm, or whichever side has carriage of the Tomlin/consent Order if there are court proceedings.