Can mediation be used to modify existing agreements?
• Yes. The circumstances of our lives are continually changing. In consequence, last year’s resolution may no longer suit one or other party. This applies to resolutions achieved both through litigation and through mediation. In either case, unless specifically prohibited by their contract, parties can always re- negotiate an existing agreement in light of their changed circumstances. • For example, some time after a dissolution of marriage, one party may wish for a change in spousal support or a greater share of time with the children. Such an agreement may be settled in mediation because parties are free to change their Marital Settlement Agreement as long as both consent to the change.
