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On 20/11/2017, you requested the version in force on 20/11/2017 incorporating all amendments published on or before 20/11/2017. The closest version currently available is that of 01/11/2017.
Recording of mediated settlement agreement as order of court
12.
—(1)  Where a mediated settlement agreement has been made in a mediation in relation to a dispute for which no proceedings have been commenced in a court, any party to the agreement may, with the consent of all the other parties to that agreement, apply to a court to record the agreement as an order of court.
(2)  The application must be made within —
(a)
8 weeks after the mediated settlement agreement is made; or
(b)
such longer period as the court may allow.
(3)  Subject to subsection (4), a court may record a mediated settlement agreement as an order of court if —
(a)
the mediation is administered by a designated mediation service provider or conducted by a certified mediator;
(b)
the agreement is in writing and signed by or on behalf of all the parties to the agreement; and
(c)
the agreement contains such information as may be prescribed.
(4)  The court may refuse to record a mediated settlement agreement as an order of court if —
(a)
the agreement is void or voidable because of incapacity, fraud, misrepresentation, duress, coercion, mistake or any other ground for invalidating a contract;
(b)
the subject matter of the agreement is not capable of settlement;
(c)
any term of the agreement is not capable of enforcement as an order of court;
(d)
where the subject matter of the dispute to which the agreement relates involves the welfare or custody of a child, one or more of the terms of the agreement is not in the best interest of the child; or
(e)
the recording of the agreement as an order of court is contrary to public policy.
(5)  A mediated settlement agreement that is recorded under this section as an order of court may be enforced in the same manner as a judgment given or an order made by a court.
(6)  For the purposes of this section —
(a)
where the subject matter of the dispute to which a mediated settlement agreement relates is within the jurisdiction of a Family Justice Court, a reference to a mediated settlement agreement is a reference to a mediated settlement agreement falling within one or more of the classes of mediated settlement agreements prescribed in the Family Justice Rules made under section 14 that may be recorded as orders of that court; and
(b)
where the subject matter of the dispute to which a mediated settlement agreement relates is within the jurisdiction of a State Court, a Family Justice Court or the High Court, a reference to a court is a reference to a State Court, a Family Justice Court or the High Court, respectively.
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