CPLR 2104 is a beautiful thing. Weighing in at a mere 81 words, an agreement between lawyers that comports with the requirements of CPLR 2104 is enforceable by the courts:

An agreement between parties or their attorneys relating to any matter in an action, other than one made between counsel in open court, is not binding upon a party unless it is in a writing subscribed by him or his attorney or reduced to the form of an order and entered. With respect to stipulations of settlement and notwithstanding the form of the stipulation of settlement, the terms of such stipulation shall be filed by the defendant with the county clerk.

Sounds simple, and it is (although part of the rule is, unfortunately, phrased in terms of what will not be a binding stipulation). So why do lawyers struggle with drafting stipulations that are enforceable? A trial decision this month highlights how a seemingly properly crafted mediation settlement agreement ends up being unenforceable, with the result that the lawsuit continues on its merry way. But first, some context.

What the Statute Requires