When you have completed mediation, your mediator may draft either a Separation Agreement or a Memorandum of Agreement.

A Separation Agreement, once signed, is a binding contract, and if you divorce, this Agreement will be attached to the papers for your divorce action and become part of your divorce judgment. A Memorandum of Agreement outlines the terms of your mediated settlement. If you receive a Memorandum of Agreement, then an attorney must draft the actual Separation Agreement for you.

In New York, when appropriate, an attorney/mediator can draft your Separation Agreement. If, however, your mediator is not an attorney or if you have a separate attorney whom you would prefer to draft your agreement, then your mediator will provide you with a Memorandum of Agreement.

-- Dolores Deane Walker, L.C.S.W., J.D.