Though the majority of lawsuits in the United States are settled and never even get to trial, they can quickly expand into a very complicated and costly process just by filing a complaint. With timely and skillful intervention in the dispute, parties can often resolve their differences without resorting to a lawsuit. The product of a successful negotiation is generally a settlement agreement whcih is simply a contract memorializing the terms upon which the parties agree to resolve their disagreement. Settlement agreements, if negotiated and executed properly, are particulary useful in resolving a dispute in a business or employment relationship without the need for costly and protracted litigation. There are several reasons settlement agreement work well in business disputes. First, settlements are generally less expensive than litigation and give the parties more control of the dispute resolution process, resulting in a more amicable settlement. Second, they allow the parties to avoid the distractions and disruptive effects of a lawsuit thereby allowing them to focus on their business. Furthermore, and perhaps most importantly, settlement agreements can protect the parties' reputation in the business community. The scope of any settlement depends on various factors, including the validity of each parties claim. Settlement agreements can include numerous provisons such as: a monetary payment; release of future claims; as well as, non-solicitation, non-compete, confidentiality agreements.
How We Serve Our Clients
With our knowlege of business and skills in negotiation, we are often able intervene early on and bring about an amicable settlement to an otherwise potentialy devastating business dispute. In the process we will draft and negotiate a settlement agreement to protect our client's rights in the evet the other party refuses to uphold the settlement. This is critical in preserving our client's further right to litigate a matter if another party breaches the settlement agreement. Without it, a client may be barred from bringing a civil action based on the statute of limitations - the laws that set forth the maximum period of time, after certain events, that legal proceedings based on those events may be initiated.
