How Is a Mediated Settlement Agreement Enforced in Washington State?

A mediated settlement agreement in Washington State is enforceable as a binding contract once signed by the parties. Under Washington's Uniform Mediation Act (RCW 7.07), a written agreement reached in mediation is admissible in a proceeding to enforce or rescind the agreement, notwithstanding the general confidentiality protection. 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 under CR 2A (which requires that agreements in pending litigation be in writing or made in open court to be enforceable). If no action is pending, the agreement is enforceable in a separate breach of contract action. 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. Under RCW 26.09.070, a separation agreement that is not unconscionable is binding on the court. A party seeking to rescind a mediated settlement agreement must show fraud, duress, mutual mistake, or unconscionability. Washington courts have consistently upheld mediated agreements and are reluctant to set them aside absent clear evidence of procedural impropriety.