A settlement in litigation is only as good as the settlement agreement. The case may have stopped short of trial or stopped in the middle of trial as the parties realized that settlement was the best course of action, but preserving the informal agreement to settle places immense pressure on getting the underlying agreement right – not only settling the present dispute but preserving the settlement as things change over time.
Understanding the law governing these agreements and carefully drafting their essential provisions – mutual releases, scope, financial terms, non-disclosure, non-disparagement – are essential to preserving the value of the settlement.
This program provides a practical guide to the essential provisions, traps and opportunities of litigation settlement agreements.
- Framework of law governing settlement agreements
- Essential provisions of settlement agreements, including traps for the unwary
- Defining scope of settlement and mutual releases – either to prevent resumption of litigation or leave related litigation untouched
- Role of non-disclosure and non-disparagement provisions, violations and remedies.
- Enhancing the enforceability and decreasing the costs of settlement agreements