Do all parties have to sign a settlement agreement?
When settlement agreements include an enforcement mechanism under California Code of Civil Procedure section 664.6, the statute has been interpreted to require all “parties” to sign the agreement. Effective January 1, 2021, however, statutory amendments will permit attorneys and insurance representatives to sign an agreement that may be enforced under section 664.6.
Don’t leave mediation without an enforceable agreement
Although you would prefer a comprehensive, formal settlement agreement, you are willing to finish the mediation today with an initial, "short form" or abbreviated term sheet confirming the settlement. Even where parties recite their intent to later enter into a more formal settlement agreement, the term sheet should be enforceable.
Securing court jurisdiction to enforce your settlement
Code of Civil Procedure section 664.6 allows a court to enforce a settlement agreement. But the statute includes certain requirements you must follow if you want the court to retain jurisdiction for future enforcement.