Is a California Mediated Settlement Agreement Enforceable?

Yes. Under California Evidence Code §1123, a written settlement agreement reached in mediation is admissible and enforceable if it is signed by the parties and states that it is binding, or if it is signed by the parties and their attorneys. This is a critical distinction from the general confidentiality rule — the agreement itself is admissible even though the mediation communications that led to it are not. To enforce a mediated settlement agreement, the prevailing party may file a motion to enforce the settlement under Code of Civil Procedure §664.6, which allows the court to enter judgment pursuant to the terms of the settlement. This is a summary procedure that does not require a full trial. The court has authority to retain jurisdiction to enforce the settlement even after the case is dismissed, if the parties' agreement so provides. A party seeking to rescind a mediated settlement agreement must act promptly — delay may be construed as ratification. Grounds for rescission include fraud, duress, undue influence, and mutual mistake. California courts have held that the absolute mediation confidentiality privilege does not prevent a party from proving the existence and terms of a written settlement agreement, even if doing so requires reference to mediation communications.