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One possible solution is to convert the mediation settlement agreement into an arbitral award on agreed terms, enforceable under the Arbitration and Conciliation Act, 1996 [hereinafter ?the Act?]. However, this option raises several legal and practical issues that need to be addressed.
Motions to Enforce Then, if one party is not complying with the settlement agreement, the other party may file a motion to enforce the agreement. In the motion, the party asks the court to enter a judgment pursuant to the settlement's terms. This applies when the settlement agreement is reached in pending litigation.
1. Amendment or supplementation of the pleadings to allege the settlement agreement as an executory ; 2. Initiation of a separate action for breach of the settlement agreement; and 3. A motion to enforce settlement.
In the absence of a consent to judgment or a dispute resolution clause, if you've settled a dispute in the context of litigation, you can bring a motion to enforce the settlement under Rule 37 of the Ontario Rules of Civil Procedure.
A plaintiff can also file a motion to enforce settlement when the responsible party agrees to pay a settlement for the injuries their negligence caused but then they either change their mind or they are taking a really long time to pay the settlement amount.