Settlement: an overview

The majority of disputes end in settlement or compromise rather than being decided by a court. Settlement can be achieved by simple negotiation or as a result of mediation or some other form of alternative dispute resolution.

This note looks at all aspects of settling a dispute by negotiation, including the effect of a settlement, why it is important to try to reach a settlement, the without prejudice status of negotiations, the different ways of documenting a settlement, how to enforce a settlement and how to set aside a settlement.

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