% of family home split...

If you have agreed to a 50/50 and he argues and wins in court for a 50/50 then you could be liable for his costs. It is not a risk free option.

The 50/50 split was agreed in mediation,so at the moment it is just on draft paperwork.
I want to go back to mediation and say i no longer agree and ask for a 70/30 split in my favour.
STBX will not agree,so i assume we will leave mediation with paperwork stating that we could not agree.
Going to court will take the decision out of our hands so we are not exactly fighting each other,but leaving the % of split to the judge.

I think...

Except if he can prove you did come to an agreement in mediation, after disclosure and without duress, then he may ask the court to hold you to it.

The court would then need to satisfy itself of the fairness of the agreement, but that is unlikely to an issue with a 50/50 split when child is 18.

Before seeking a court route you may want to consider if you have a valid reason not be held to your earlier agreement.

Nothing has been signed and the paperwork i have says "legally privileged without prejudice" on it.
We have not actualy signed a contract.

Mediation is conducted on a without prejudice basis. You can agree to what you like within the mediation and either party is free to change their mind once mediation has finished.

Despite what has been advised above, there is no risk in backing out now - that would only occur if you reached an open* agreement outside the mediation from which either of you sought to back out.

Charles

*'open' means the opposite of 'without prejudice' in simplistic terms so any open communications can be used against a party. Beware though, the 'without prejudice' label is often misused on open communications marked as without prejudice could still be used against you.

Thank you Charles for that explaination.

The mediator did say that if either of us wanted to change anything,we could do so by requesting a further appointment in the next 3 months.
Is this correct ?

The paperwork we have from mediation are Memorandum of Understanding
and
Open Statement of Financial Information.

So i can go ahead and say i have changed my mind regarding the 50/50 split i originaly agreed to.

I am aware it will mean we have no longer reached an agreement via mediation.

The mediator is there to assist in reaching a settlement. As long as both parties are willing to continue in mediation the process could go on for as long as is required.

As long as the memorandum of understanding is as far as you have reached, you are not bound by any decision. The reason that a mediation is not binding is that the mediator is not permitted to give legal advice.

If you have what you think is a good deal and take it to a solicitor who says it is rubbish, you can back out then or back out if you simply change your mind.

Charles