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In the event that they still refuse to engage in settlement discussions or sign a separation agreement, , then the next stage is to proceed to have your matter decided by a third party; either a court, or an arbitrator if the other party agrees to use that process.

If a party breaches the terms of the agreement, the other can bring a motion to enforce the consent to judgment. A consent to judgment can be an invaluable part of a mediated or negotiated settlement agreement since it disincentives a potential breach. It also makes enforcement more expeditious and less expensive.

A motion to enforce a settlement agreement is made under Code of Civil Procedure § 664.6 and is filed by a party seeking to enforce a settlement agreement entered into in any pending litigation in California.

If a party wishes to withdraw from the settlement, they must prove fraud, duress, coercion, or unconscionability. Before a settlement is voided, the parties must present their cases to a judge to determine whether there is enough evidence to warrant nullifying the agreement.

A settlement agreement need be signed by only one of the parties to be enforceable under Code of Civil Procedure §664.6. The court can enforce a settlement pursuant to Code of Civil Procedure §664.6 if the parties state in the settlement agreement that the court will reserve jurisdiction.

Settlement agreement breach of contract is a term used when one of the parties entering into a settlement agreement violates the terms of that agreement.

Cancelling a settlement agreement is a complex matter and may require the assistance of an attorney. A qualified attorney can review the settlement agreement and determine what the options are under contract laws. They can also provide advice and input regarding alternative options.