Yes. If the terms of an agreement reached in mediation are not fulfilled, the parties agree that the non-breaching party may, within five (5) years of the date on which the Stipulation of Dismissal was filed with the Court, file a Motion for Judgment and Statement of Non-Compliance with the Court, together with a copy of the mediated agreement.  If such a motion is filed with the Court, the case will be re-opened, and the breaching party has fifteen (15) days to respond to the motion and request a hearing so the matter can be heard by the judge.  If the beaching party does not respond or request a hearing, the parties agree that the court may enter a judgment against the party who breached without holding a hearing.  If there is a default, judgment will be entered for the original amount claimed, plus court costs, less any payments received.

Please note Metropolitan and Magistrate Court Judges do not have legal authority to enforce a mediated agreement which includes the performance of a service or exchange of items (non-monetary agreements). If a mediated agreement includes either one or both of these items and the mediated agreement is breached, then the parties agree the judge may convert the performance of a service or exchange of items into a monetary form and enter a judgment. The parties are encouraged to determine what that amount should be and include that as a part of their mediated agreement.