Reaching an agreement in mediation does not automatically mean that it becomes binding upon each other. The discussions within mediation are on a ‘without prejudice basis’ which means they cannot be referred to in court. At the end of the mediation process each party will be provided with a Memorandum of Understanding which sets out the proposals that have been reached. In financial cases the mediator will also provide an Open Financial Statement which, unlike the Memorandum, can be referred to in future court proceedings if the mediation process breaks down. Provided each remain satisfied with the proposals arrived at in mediation, whether having taken legal advice or not, steps can be taken to formalise the arrangement. In financial cases, this will often involve preparing and filing a Consent Order with the court where there is an application for divorce. This can be a complex document to draft and should not generally be undertaken without expert legal advice. In relation to child arrangements, the parties have a number of options. It is not usually necessary for the court to make an order defining the arrangements for a child or children when a couple separate. Under the Children Act 1989 there is a ‘no order presumption’ which means the court will not interfere unless necessary to do so. Consequently, many parents will simply rely upon the Memorandum produced by the mediator or use that as the basis for creating a Parenting Plan although these are not legally binding. If court proceedings are already underway or the parties need an order, they can file a Consent Order with the court.