Function

• The function of a mediation settlement agreement is to memorialize in writing the agreement reached between the parties to a divorce or other type of lawsuit. The mediation settlement agreement is not a complicated document and recounts concisely how specific issues resolved between the parties.
  
  

Significance

• The significance of a mediation settlement agreement includes the ability to avoid a trial in a particular case. The mediation settlement agreement also becomes the basis for the ultimate order of the court in a particular case. A court adopts the terms and conditions of the agreement and makes it the final judgment arising out of the proceedings.
  
  

Misconceptions

• The most common misconception associated with mediation and the arising settlement agreement is that a mediator listens to the positions of the parties and renders a decision. In fact, that is what occurs in binding arbitration. In mediation, the mediator works with the parties to facilitate a voluntary agreement between them.
  
  

Benefits

• The parties avoid the time and expense (as well as the emotions) associated with a trial. The parties exercise a greater deal of control over the ultimate resolution of the case and do not place the determination in the hands of a judge or a jury.
  
  

Expert Assistance

• Divorce, personal injury and contract cases involve complex legal issues. Even if you consider mediation and reaching a settlement through that process, professional legal advice and assistance can be important. Local and state bar associations maintain directories of attorneys in different practice areas. Contact information for these organizations is available through the American Bar Association:
  
  American Bar Association
  321 N. Clark St.
  Chicago, IL 60654-7598
  312-988-5000
  abanet.org