Settlement: an overview
A practice note that provides an overview of settling disputes by negotiation in England and Wales. This practice note examines all aspects of the settlement process, from the rationale for pursuing a compromise to the methods for finalising an agreement. It addresses the effect of a settlement on legal proceedings, the importance of the "without prejudice" rule in negotiations, and the different ways to document the terms, including through consent orders or formal settlement agreements. The guidance also outlines the procedures for enforcing a settlement and the grounds for setting one aside. Furthermore, this practice note explores key strategic considerations, such as making Part 36 or Calderbank offers, the implications of joint and several liability in multi-party litigation, and the crucial issues of confidentiality and legal costs. It provides practical insights for parties considering alternative dispute resolution (ADR) or navigating the complexities of court-encouraged settlements.
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