Introduction

"Discourage litigation. Persuade your neighbors to compromise whenever you can. Point out to them how the nominal winner is often a real loser -- in fees, and expenses, and waste of time." -- Abraham Lincoln In these words, Abraham Lincoln summed up one of the key benefits of mediation: saving time and money. Indeed, mediation does serve that purpose in the great majority of cases. But what if a party fails to comply with the mediated settlement agreement? Should the opposing party be forced to pursue a contract claim to enforce that agreement in a court proceeding, ...