How Is a Mediated Settlement Agreement Enforced in Illinois?

A mediated settlement agreement in Illinois is enforceable as a binding contract once signed by the parties. Under Illinois law, a settlement agreement is enforceable if it meets the basic requirements of contract formation: offer, acceptance, and consideration. In pending litigation, a party may enforce a mediated settlement agreement by filing a motion to enforce the settlement in the pending case — the court has authority to enter judgment pursuant to the terms of the agreement without requiring a full trial. If no action is pending, the agreement is enforceable in a separate breach of contract action. Under the Illinois Uniform Mediation Act (710 ILCS 35/), a written agreement reached in mediation is admissible in a proceeding to enforce or rescind the agreement, notwithstanding the general confidentiality protection. In family law cases, the mediated agreement must be incorporated into the court's judgment — the court retains authority to review provisions affecting children and may reject provisions that are contrary to the best interests of the child. A party seeking to rescind a mediated settlement agreement must show fraud, duress, mutual mistake, or unconscionability. Illinois courts have consistently upheld mediated agreements and are reluctant to set them aside absent clear evidence of procedural impropriety.