Page:Mediation Act 2017.pdf/12

12 consent of all the other parties to that agreement, apply to a court to record the agreement as an order of court.

(2) The application must be made within—
 * (a) 8 weeks after the mediated settlement agreement is made; or
 * (b) such longer period as the court may allow.

(3) Subject to subsection (4), a court may record a mediated settlement agreement as an order of court if—
 * (a) the mediation is administered by a designated mediation service provider or conducted by a certified mediator;
 * (b) the agreement is in writing and signed by or on behalf of all the parties to the agreement; and
 * (c) the agreement contains such information as may be prescribed.

(4) The court may refuse to record a mediated settlement agreement as an order of court if—
 * (a) the agreement is void or voidable because of incapacity, fraud, misrepresentation, duress, coercion, mistake or any other ground for invalidating a contract;
 * (b) the subject matter of the agreement is not capable of settlement;
 * (c) any term of the agreement is not capable of enforcement as an order of court;
 * (d) where the subject matter of the dispute to which the agreement relates involves the welfare or custody of a child, one or more of the terms of the agreement is not in the best interest of the child; or
 * (e) the recording of the agreement as an order of court is contrary to public policy.

(5) A mediated settlement agreement that is recorded under this section as an order of court may be enforced in the same manner as a judgment given or an order made by a court.