Mediation Settlements: Summary Enforcement

Cal. C.C.P. 664.6 authorizes summary enforcement of settlements signed by parties or stated orally in open court, but only by parties in pending state court litigation. See Wedding Products v. Flick (1998) 60 Cal.App.4th 793, 809; Housing Group v. United Natl. Ins. Co. (2001) 90 Cal.App.4th 1106, 1108; Kirby v. So. Cal. Edison (2000) 78 Cal.App.4th 840, 843-44.

There is no comparable statute or rule available in federal court. However, federal courts rely on their inherent equitable power to summarily enforce settlements between parties, but only in pending federal court litigation.  See Callie v. Near, 829 F.2d 888, 890 (9th Cir. 1987); Facebook v. Pacific Northwest Software, 640 F.3d 1034 (9th Cir. 2011); Castorino v. True North Investments, 2011 WL 6002771 (N.D. Cal. 11/30/11).