LAW 522-001 – Civil Procedure II

Settlement


Roughly 50–65% of cases end in settlement as it is faster, cheaper, more confidential, and less risky than going to trial.

If a settlement is reached prior to filing suit, a court does not need to approve it.

It is generally required that a new action be brought for a later breach of the settlement.

Settlement agreements can be oral, but it is risky.

As part of a settlement, generally all claims are dismissed with prejudice and a general release is signed.

Release

A release can be general, releasing all known or unknown claims, or specific, only releasing the claims specified.

Confidentiality agreements are often considered in settlement agreements.

Alternative Dispute Resolution

To facilitate a settlement, parties may partake in alternative dispute resolution.

Mediation

Mediation is a type of alternative dispute resolution where a mediator helps parties reach settlement agreements.

Arbitration

Arbitration is a type of alternative dispute resolution which is a mini trial by a private arbitrator.

Alternative dispute resolution can be binding or non-binding, depending on whether the parties agreed to it beforehand.

If binding, the result is not appealable.

A court can order mediation or arbitration, but not for it to be binding.