Several types of laws mandating enforceability would be possible. However, contract law already provides a flexible set of guidelines that more adequately structure consideration of enforceability than could any single general rule. Although the interrelation of mediation and litigation poses special problems for both processes, it would be undesirable to place a sharp distinction between them. Such a distinction would probably reduce the value of mediation in the context where contract law provides for enforceability. Finally, enforceability itself should probably not generally be a subject of the mediation. Further empirical research and normative analysis are needed on this issue. 85 footnotes. (Author summary modified)