If the refund is constructed using P2SH you can get the other side to sign just the hash, and they won't be able to recognize the payment into the escrow— being both unable to see their own pubkey in it (due to p2sh) and having not seen the refund they signed. Thats one of the workarounds...
Full mutability fixes are very slow going. MTGOX is still producing transactions with non-canonical R,S. Bitcoin-QT GIT now uses the smaller of the two possible S values in signatures, but I'm not aware of any other signers that do. I think its not unlikely that we're going to see hardware wallets deploy which fail to do this. I'm now wondering if we shouldn't start 'fixing' these transactions on relay and just letting them cope with their txids changing out from under them rather than failing to forward completely.
As for other fix progress:
https://github.com/bitcoin/bitcoin/pull/3025