After the Agreement: What Happens When the Mediation Settlement Is Signed

From the Perspective of a Certified Family Financial Mediator

Reaching a settlement agreement in mediation is a major milestone, but it’s not the end of the road. Once the parties have resolved their issues and signed an agreement, there are still essential legal steps to follow to ensure that the agreement is enforceable and properly incorporated into the broader divorce process.

At GHMA | LAW, we help represented parties and their attorneys navigate not just the negotiation, but the legal implementation of their agreements. This article explains what happens next and why follow-through is just as important as the settlement itself.

The Mediation Agreement: What You’re Signing

In North Carolina Family Financial Mediation, once the parties agree on terms, the mediator (or one of the attorneys) will reduce the terms to writing, typically in a Memorandum of Agreement/Memorandum of Understanding (MOU) or a Mediated Settlement Agreement (MSA). This document outlines:

• Division of property and debts
• Spousal support or alimony (if applicable)
• Any other resolved financial matters, such as fees or tax treatment

Both parties and their attorneys will review and sign this document before leaving the mediation. In many cases, the mediator will assist with wording to ensure clarity and reduce the risk of future disputes.

Once signed, the agreement is binding but additional legal steps remain.

What Happens After Signing

1. Incorporating the Agreement Into the Court File

A signed MSA is typically converted into a formal consent order or judgment by the attorneys and submitted to the court for approval. This gives the agreement legal enforceability as part of the divorce case.

2. Drafting Formal Documents

Your attorney will prepare additional filings based on the agreement, including:

• Equitable Distribution Order
• Alimony Order
• Voluntary Dismissals (if certain claims have been resolved and withdrawn)

In some cases, attorneys may draft a Separation Agreement and Property Settlement (SAPS) to formalize the terms further, particularly if the divorce has not yet been filed.

3. Finalizing the Divorce

If the agreement is reached before or during a divorce filing, the attorneys will ensure the resolution is integrated into the final Judgment of Absolute Divorce, tying up all financial claims in one complete process.

Enforceability & Modifications

Once the agreement becomes a court order, it is enforceable like any other court judgment. That means a party that violates the terms may be subject to legal enforcement, including contempt proceedings.

However, certain provisions such as spousal support may later be modified if circumstances materially change. In contrast, equitable distribution orders are generally not modifiable after entry.

Mediation Services at GHMA | LAW

Whether you're here at the suggestion of your attorney or independently seeking to understand how family law mediation works, the resources on our website are designed to provide clarity, not confusion. At GHMA | LAW, our certified Family Financial Mediators work with parties who are represented by counsel to resolve divorce-related disputes through structured, confidential negotiation.

While our mediators do not typically conduct sessions where one or both parties are unrepresented, we recognize that many individuals research mediation as a potential alternative to litigation. These resources are here to help you better understand how mediated agreements are reached. When divorcing individuals are prepared and supported by legal counsel, mediation often provides a more focused, respectful, and less adversarial path forward.

As Board Certified Specialists in Family Law and Certified Family Financial Mediators, we provide not only dispute resolution, but also clarity, structure, and an environment that honors the emotional weight of this transition. We offer these materials to help you understand the mediation process from both a practical and human perspective. If you have additional questions, we encourage you to speak with your attorney or reach out to us for more information.

Key Takeaways

• A signed mediation agreement outlines the terms of settlement and must be converted into a court order to be enforceable.
• Attorneys play a critical role in filing, drafting, and finalizing these documents.
• GHMA | LAW guides parties through both negotiation and implementation of their agreements, ensuring clarity and enforceability.