Ninety-seven percent of all cases settle before trial. Many of these settlements occur with a handshake at a JPT or pretrial conference. Inevitably, some of those settlement agreements spawn additional disputes between the parties as they contest the terms of the settlement or its conditions.
These disputes commonly appear back in court but the procedure for resolving them is murky and variable among Pennsylvania judges. This is understandable, since the Pennsylvania appellate courts have not directly addressed the issue. Although litigants commonly cite Pennsylvania Rule of Civil Procedure 229.1 as providing the procedure for enforcing settlement, the narrow rule only applies when there is no dispute as to the terms of the settlement agreement and only allows the court to impose sanctions, not enforce the agreement.
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