When a contract requires mediation first
Some contracts require the parties to mediate before filing a lawsuit or starting arbitration. Courts may enforce that kind of requirement, and a case filed too early may be paused or dismissed until the step is completed. Whether the requirement applies depends on the clause's wording and on what each side actually did to mediate. Filing deadlines may keep running while you mediate unless the parties agree otherwise, so a written tolling agreement is worth considering before talks drag on. If the other side refuses to mediate at all, that refusal can matter when the case later reaches a judge.
When a mediated settlement is not honored
If the parties signed a settlement and one side fails to perform, the other can usually seek to enforce it as a contract. If the underlying case was pending and the settlement was placed on the record or made part of a court order, enforcement may proceed within that same case. If the settlement was informal or incomplete, the fight may turn on whether a binding agreement was reached in the first place. Gather the signed document, any term sheet, emails exchanged after the session, and records of payments or performance so far. Avoid reopening negotiations on the settled terms in writing without advice, since that can muddy whether a deal exists.
Deciding what to file
In a first consultation we review whether a mediation requirement was satisfied, whether a settlement is binding, and whether the better step is to enforce the settlement or pursue the original claims. We check deadlines that may have continued to run while the parties were talking. We also consider whether confidentiality rules or the agreement to mediate limit what can be used from the session in court. The choice of next step depends on what was agreed, what remains in dispute, and what each route would cost you. We lay out those options plainly so you can decide.
