Finality at Mediation : legally binding agreements

In many respects Frost is a case that highlights the benefits of mediation as a mechanism of resolving disputes. Two brothers, David and Ron Frost, engaged in a long-running and acrimonious dispute, sought to extricate themselves from their shared property and business interests. In addition to the bitter relationship between the brothers, the legalities of their business interests were complex and opaque, with the Judge at first instance referring to the shared property portfolio as "a conveyancer's nightmare". At an impasse, the brothers both sought legal representation and ultimately sought to mediate the dispute.

Despite the strained relationships and the complexities in their business interests, and due in large part to the "extremely skilled" mediator present, an agreement was reached in principle during the course of the mediation. Having reached an agreement, the brothers left (separately) for dinner whilst David Frost's solicitor, Mr Serby, sought to