Nothing is binding upon any party until an agreed settlement is reached. Once a settlement has been drawn up and signed it becomes an enforceable contract between the parties. It is therefore in the interest of each party to have the agreement reviewed by a lawyer before accepting it. The mediation process is “without prejudice”, so that on occasions where a settlement is not reached, litigation may continue without the fear that anything which may have been said during the mediation could be used by the other party in court.