(Re)writing the Rules: Securing Finality for Mediated Settlements in the United States - Arbitration: The International Journal of Arbitration, Mediation and Dispute Management View (Re)writing the Rules: Securing Finality for Mediated Settlements in the United States by - Arbitration: The International Journal of Arbitration, Mediation and Dispute Management (Re)writing the Rules: Securing Finality for Mediated Settlements in the United States 91 4

Mediated settlements are widely valued for their flexibility and efficiency in resolving disputes. However, in the United States (US), parties in high-conflict cases increasingly exploit the contractual nature of these settlements to delay or avoid compliance by raising strategic contractual defences. As these agreements are treated as private contracts rather than court orders, they lack the statutory finality required to deter frivolous post-settlement litigation. In contrast, India’s Mediation Act 2023 confers on mediated settlements the status of court decrees and restricts the grounds for challenge, thereby enhancing legal certainty and enforceability. Drawing on the Indian model, this article proposes a reform for the US that introduces court-appointed administrators to review and authenticate mediated settlements prior to enforcement. This mechanism would narrow the scope of permissible challenges, discourage procedural delays, and reinforce the finality of mediated outcomes. It would also bring US enforcement practices into closer alignment with international standards, particularly those reflected in the Singapore Convention on Mediation.

Arbitration: The International Journal of Arbitration, Mediation and Dispute Management