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After mediation

Last updated on December 16, 2025

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Consent orders

If you reach a settlement on any issues in dispute, you will formalize it with an agreement signed by all parties.

Where a court action has begun, the parties may ask the court for a consent order. A consent order sets out the terms of the settlement agreement and is signed by a judge and all the parties. Once you have a consent order, your agreement is enforceable through a court process. Court enforcement may be helpful if one party fails to live up to the settlement agreement.

Consent orders are most common when lawyers are involved in mediation. For more information about consent orders, ask your lawyer.

Issues you have not been able to settle through mediation can still go through the court process. The time you spent in mediation may make the court process shorter and easier.

If your dispute goes to court, the parties or lawyers for the parties may tell the judge about agreements made in mediation. They must not tell the judge anything said during mediation.

Going to court

You may want to continue mediating it as long as the mediator thinks it is working.

But you are not required to agree to anything in mediation. If you are not satisfied with the process or if you are unable to reach agreement, you can end mediation and take your dispute to court.

Breaking an agreement or consent order

You should get legal advice if a party to a settlement agreement or a consent order fails to do what they are required to do.

Your lawyer will likely tell you a settlement agreement that is correctly drafted is legally binding contract. If any party to it fails to comply with its terms, it is possible to go to court for an order to enforce it.

Choosing a mediator is key to a successful mediation. All parties to the dispute must agree on the mediator. You can get the names of mediators from:

Glossary of terms

This glossary explains words used in alternative dispute resolution, including mediation.