What happens after mediation depends on whether or not you came to an agreement.
If you reach an agreement
Once you reach an agreement, the mediator:
- checks that everyone understands what they’ve agreed to
- writes up the agreement as a mediated order
- certifies that everyone understands the agreement
- gives each person a copy of the mediated order. If you had telephone mediation, we’ll send you a copy.
In most cases, the order needs to be made legal and binding. The mediator will send the order to the Tenancy Tribunal for an adjudicator to sign and seal it.
To be able to enforce a mediator’s order, it must be sealed by the Tenancy Tribunal. When an order is ‘sealed’ it means it is a legally approved or authorised agreement.
If the other person doesn’t do what they’ve agreed
A sealed mediator’s order is legally binding. If one person hasn’t done what is in the order, the other person can have it enforced.
You can enforce a sealed mediator's order through the Ministry of Justice. (external link)
If your mediator's order wasn't sealed when the agreement was originally made, the mediator (on request) can still send it to the Tenancy Tribunal for sealing.
If you don’t reach an agreement
You will most likely need to attend a Tenancy Tribunal hearing. At the hearing, an adjudicator will make a final decision.