In Washington State, final resolution of family law disputes is often resolved before ever reaching a courtroom. This occurs in part due to local county rules requiring family law matters to mediate the case prior to being given a trial date. Whether it's during mediation, settlement conference, or an informal negotiation between attorneys, parties may come to a written agreement that outlines how to resolve their dispute. But how do you make sure that the agreement that can decide all the issues of your case is enforceable? That's where Civil Rule 2A, often referred to as CR 2A, becomes vital.
What is a CR 2A?
CR 2A is short for Superior Court Civil Rule 2A, which governs the enforceability of agreements made during litigation. Specifically, it allows parties to enforce a settlement agreement without a new lawsuit, as long as the agreement meets certain criteria.
Civil Rule 2A : "No agreement or consent between parties or attorneys in respect to the proceedings in a cause, the purport of which is disputed, will be regarded by the court unless the same shall have been made and assented to in open court on the record, or entered in the minutes, or unless the evidence thereof shall be in writing and subscribed by the attorneys denying the same."
In plain terms: If you settle a legal matter, that agreement is enforceable in court— but only if it is in writing and signed, or formally stated in court.
Why is a CR 2A Important?
1. It Protects Verbal Agreements from Being Disputed
In emotional or high-stakes cases—like divorce, custody, or property division—parties may come to a tentative agreement during a mediation or informal settlement discussions. Without CR 2A, those agreements could later be denied or disputed. A CR 2A helps ensure everyone is held to what they agreedupon, provided it meets the rule's conditions.
2. It Speeds Up Dispute Resolution
Instead of filing a new lawsuit to enforce a settlement, a party can ask the judge to enforce the CR 2A agreement within the original case—saving time, money, and frustration.
3. It Reduces Gamesmanship
Some parties try to walk back agreements after a change of heart or legal advice. Compromise is difficult. A CR 2A prevents this kind of "buyer's remorse" from derailing progress—if the agreement was properly documented.
This is why it is so important to know what you are signing BEFORE you sign.
Practical Tips for Litigants:
- Always get settlement terms in writing—signed by both parties or their lawyer
- Read carefully before signing any agreement—you may be held to it
- Don't assume you can "change your mind" later
- In court? Ask the judge to put the agreement on the record
- Consult with a lawyer before finalizing anything under CR 2A
A CR 2A might seem like a technical rule, but it plays a dynamic role in keeping the legal process efficient and fair. Whether you're settling a divorce, a custody dispute, or a civil lawsuit, understanding CR 2A helps you protect your rights—and avoid surprises down the road.
If you've reached a settlement and want to know whether it qualifies under CR 2A—or if someone is trying to back out of one—consult a trusted attorney at Beresford Booth.
Author's Note: This blog post is not intended to be a comprehensive analysis. The purpose of this article is to outline the general process and express the key considerations. The reader interested in learning more should contact an attorney.
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The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
