A Response to two questions I have received:
1. Even though suit has been filed, are the parties allowed to resolve the claims at issue through negotiation or mediation?
Yes, parties are always allowed to settle their disputes.
At any point in the litigation, the parties retain the right to resolve the differences that gave rise to the litigation. When parties agree to the terms of a case resolution, they usually draft a contract that identifies the terms of the resolution, thereby ending the existing litigation.
The benefits to settlement include: for the plaintiff, receiving specific remedies over the possibility that the court might not award any remedies; for the defendant, giving specific remedies over the possibility that the court might award damages of a far greater amount. In other words, as there is no guarantee that a judge or jury will see things as you do, if you can agree on a settlement that you are happy with, courts are likely to approve it. As for what is reasonable, you are encouraged to speak with an attorney knowledgeable in the field of your dispute.
2. The opposing party has provided me a proposed settlement which requires me to release my claims. Can I sign this now and bring up the case when I get new information?
Generally, No.
The purpose of a settlement agreement is to resolve, or agree not to further pursue, each and every legal issue that would have been raised at trial or resolved by the court in the case at hand. It should be pointed out that a settlement does not forever bar the parties from litigating issues that arise subsequent to the settlement, or as the result of a settlement. For instance, a dispute concerning how to interpret the settlement documents or how to apply it is a given circumstance would not be barred by a settlement agreement. Also, as a settlement agreement in a contract, if a party violates that agreement, the other party has a right to seek remedies for non-compliance with the contract.
No comments:
Post a Comment