I don't think he is referring to the grammar, but instead I think what psd1 is implying is that there is always an expectation that the litigants will apply common sense and decency in the implementation of the settlement. Its just showing respect for the process and other party. Instead, Volkswagen/Audi is again choosing a path that is doing all parties more harm than good. So he is saying the written word of the settlement would be sufficient and adequate if VW/Audi, respected their loyal customers and actually learned from the situation, and was genuinely attempting to make it right as quickly as they could. It is their choice. They are obviously not putting a great deal of effort, thought, or resource into wrapping this up.
That was actually my entire point, but psd1 made it more clearly and succinctly, in a single sentence.
It is that VW/Audi most certainly have all the necessary tools to (labor, ability to process claims timely, produce replacement parts, support and support immediate service department scheduling for fixes) to make this whole situation become a bad memory, in a short amount of time. HOWEVER, THEY ARE CHOOSING how it is being implemented. Its not the fault of the lawyers, the courts, the "true consumer", the flippers, or the scary German boogeyman hiding under their bed. The fix was approved October 23rd, soon it will be two months ago. How can a few cars with multiple claims ( I agree with you that the majority of Vin #s are likely one or maybe two owner cars as nobody was buying during the scandal), be holding up the process? The mere suggestion of this by VW/Audi should be an affront to anyone's common sense.
The settlement is merely a framework, what VW/Audi decides to do with it, and how they implement it, is entirely up to their choosing. So the difference between "can" and "will" is not grammar at all. Rather, as psd1 is pointing out, it is a clear corporate mandate continuing to express their attitude and lack of respect for their customer. Its way more telling than just grammar.