A settlement agreement is a legally binding contract used to resolve a dispute or legal claim out of court. Settlement agreements can be negotiated before or after a court action begins, but the main goal is to avoid further litigation and a trial.
To execute a settlement agreement, parties will negotiate terms and conditions like a resolution, compensation, or other relevant provisions to end the legal dispute.
What is a Settlement Agreement Review?
A settlement agreement review is the process of carefully reading and analyzing the terms laid out in a settlement agreement. To conduct a settlement agreement review, follow these steps:
- Read the document. Start your review by reading the entire document from beginning to end. Be sure to take notes of any provisions that may be confusing or ambiguous.
- Understand the provisions. Before signing a settlement agreement, you need to fully understand each provision and ensure it reflects the terms agreed upon by both parties.
- Identify your obligations. Each party will be responsible for certain obligations under the agreement. Be sure you understand any payment terms, releases, confidentiality clauses, or restrictions laid out in the contract.
- Consider the risks and benefits. Settlement agreements are negotiated contracts that parties execute instead of bringing a legal claim to court. Before signing, you should consider the potential benefits and drawbacks of litigation, chances of winning or losing the dispute in court, and legal costs that would be associated with litigation.
- Seek legal advice. When you enter into a settlement agreement, you are waiving certain legal rights to pursue the claim further in court. Before waiving these rights, it is essential to speak to an attorney. A lawyer will review your options, ensure you understand the terms of the settlement, and will check the settlement for fairness and enforceability.
- Be ready to negotiate. A settlement agreement should fully resolve the legal dispute so it will take a fair number of negotiations to make both parties happy. An experienced lawyer can help negotiate favorable terms that fully resole the legal issue.
4 projects on CC
When is a Settlement Agreement Binding?
A settlement agreement is legally binding once the terms have been negotiated and the parties sign the contract. By signing the settlement agreement, both parties are acknowledging their legal responsibility to fulfill the obligations laid out in the contract.
Different jurisdictions may have specific regulations governing settlement agreements. It is important to be familiar with these laws because they could affect the validity of a contract or require additional steps to make a settlement agreement legally binding.
Once a settlement agreement becomes binding, it can be enforceable in court if either party breaches the terms of the contract or fails to comply with the agreed upon terms.
What Makes a Settlement Agreement Void?
A settlement agreement may be void if it does not fulfill all the legal requirements of a valid contract.
To be enforceable, a contract must contain an offer, acceptance, and consideration. It must be signed voluntarily by competent parties and cannot involve fraud, duress, mistake, or undue influence. In addition, the terms of a settlement agreement cannot be illegal or against public policy.
What's Typically Included in a Settlement Agreement?
An effective settlement agreement will need to include key provisions and elements to resolve the dispute and accurately outline the resolution reached by the parties. Typically, a settlement agreement will include the following terms and conditions:
- Parties. Identity and contact information of the parties involved in the dispute.
- Recitals. A brief description of the background and facts of the dispute along with the reason for entering into the settlement agreement.
- Settlement terms. The specific terms and conditions agreed upon by the parties. This section will include money to be paid, actions that must be taken or ceased, and any other agreed upon provisions that help settle the dispute.
- Release of claims. A provision that states that the parties agree to release each other from any further claims or liabilities related to the dispute.
- Confidentiality. Settlement agreements and the terms included, especially financial settlements, are often made confidential. This prohibits the parties from sharing the terms of the settlement with third parties.
- Costs and expenses. Any costs related to the settlement like lawyer fees or negotiation expenses and which party is responsible for the fees.
- Severability. Severability clauses protect the contract by stating that if any one term or provision is ruled unenforceable, only that specific term will be void and the rest of the contract will remain valid and enforceable.
- Signatures. A settlement agreement must be signed by the parties involved, indicating their acknowledgment and consent to the agreement, to be legally binding.
The exact terms included in a settlement agreement will vary on the type of settlement agreement and the facts of the legal dispute. Settlement agreements are often used in personal injury cases, family law cases, and breach of contract claims. Each of these agreements will require different provisions to resolve the issue.
When Do Settlement Agreements Go Wrong?
Settlement agreements are typically beneficial to parties because coming to agreement outside of the courtroom is quicker, less expensive, and allows the parties to negotiate their legal issue rather than declaring a winner in the dispute.
However, there are times when settlement agreements go wrong. Some common situations where parties encounter difficulties with settlement agreements include:
- One party breaches the agreement and fails to fulfill their obligations leading to more legal disputes.
- The parties misinterpret an ambiguous term in the agreement and the misunderstanding leads to a dispute.
- One party intentionally fails to disclose important information in negotiations which could undermine the terms of the agreement.
- Unforeseen events make the terms of the agreement impossible or create an undue burden on one of the parties.
- The terms are unfair or inadequate so one party decides to contest the enforcement of the agreement.
Each of these situations is easily avoidable with the help of an attorney. When you hire an attorney to review the settlement agreement before signing, the attorney will check for mistakes, fairness, and legal issues that could affect the enforceability of the agreement.
How Do I Challenge a Settlement Agreement?
To challenge a binding settlement agreement, a party will need to take several steps.
First, there needs to be a legal basis to challenge an agreement. Common grounds for challenging a contract include breach of contract, fraud, duress, mistake or undue influence. Without a legal basis, an agreement cannot be challenged.
Next, you will need evidence to support your claim that the agreement is invalid. Evidence can include witness statements, financial records, and the contract itself.
To initiate legal action, you will need to file a complaint challenging the settlement agreement in the appropriate court or forum. It is highly recommended to consult an attorney to assist with drafting and filing a legal complaint. A mistake in the complaint could result in the case being dismissed before it is even heard.
Get Help with Hiring an Attorney
Do you need help with a settlement agreement review? If so, post a project in ContractsCounsel's marketplace to receive bids from lawyers who are licensed to practice law in your state and can handle your project. All lawyers on the ContractsCounsel's platform are vetted by our team to make sure you are provided with top-tier service.
