Simply Put: Enforcing a Mediated Settlement

A settlement agreement reached through mediation becomes enforceable once it is properly documented. The most important step is to put the agreement in writing. The document – typically called “Minutes of Settlement” – should clearly describe each party’s obligations, timelines, and payment terms.

In many cases, the mediator helps draft or finalize this written agreement at the end of the mediation session, but all parties should review it carefully (with their legal counsel if wanted), and sign it to show their consent.

If the mediation occurred in the context of legal proceedings in court, the settlement can or will need to be submitted to the court and considered as effective as a court order or judgment. In that context, a party may bring a motion to the court to enforce the settlement. Where there are no ongoing proceedings, either party may sue the other for breach of contract to seek enforcement.  The court will want to be satisfied that the settlement is a valid, legally binding contract.

Clear language and proper execution make enforcement much easier.