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Settlement Template

(Download in printable form and modify to fit your case) 

Some of the language below may have been provided by the mediator as a courtesy to the parties and counsel to expedite formulation of this document. The final language of this agreement is; however, the obligation and creation of the parties and counsel, not the mediator.

 Click HERE to download in word format so you can modify it to fit your particular case

SETTLEMENT AGREEMENT

Case name and number:

SYNOPSIS OF ALLEGATIONS:

 

The parties to this agreement are:      

The parties hereby agree to settle this dispute in its entirety on the terms set forth below:

 

Payment: Defendant, agrees to pay Plaintiff the sum of $      in partial settlement of this matter along with additional terms set forth below. Said sum to be paid by check made out to       and his/her counsel and delivered to counsel not later than 14 calendar days from today.

Release and Dismissal: Plaintiff will execute a release and dismissal with prejudice of the action upon receipt of the above funds.

 

Cost: All parties will bear their own attorney fees and all other costs of suit, including mediator fees.

 

Waiver of 1542 rights: Section 1542 of the California Civil Code provides that “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his settlement with the debtor.” Despite this provision, each party waives the right to any future claims or any other rights under Section 1542.

No Admission of liability: Signing this settlement agreement or complying with its terms does not constitute an admission of liability on behalf of any party.

Representative capacity: Each person signing this agreement in a representative capacity warrants that he or she has full authority to bind his or her principal to this agreement.

Enforcement (If litigation pending): By signing this agreement the parties acknowledge that it is enforceable pursuant to California Code of Civil Procedure Section 664.6 

Binding Agreement: It is the intent of the parties that this agreement is binding and enforceable. Pursuant to Evidence Code § 1123 it is an admissible document to prove the parties’ agreement.

Integration: This Agreement represents the complete understanding between the parties. No other promises or agreements shall be binding or shall modify this Agreement unless signed by the parties.

Mediator is Not a Legal Advisor: If the mediator or arbitrator assisted in the preparation of this settlement agreement the mediator or arbitrator did not act as an advocate for any party or give legal advice to any party, each party is advised to have the agreement reviewed by his or her own legal counsel before signing the agreement. 

OPOPTIONAL CLAUSES

Absent Party Signature: This Agreement may be signed in counterparts and on separate signature pages. These separate signature pages will become part of the integrated Agreement.

Arbitration: If a dispute arises over the terms of, or whether there is compliance with, this agreement, the parties agree to submit such dispute for binding arbitration by an arbitrator of their mutual selection.

Future Attorney Fees: In the event of a dispute or litigation arising out of this settlement agreement or the settlement contemplated hereby, the prevailing party shall be entitled to recover reasonable attorney fees, expenses and costs.

Liens: Plaintiff will be responsible for paying all liens in this matter.

Confidentiality: All parties and counsel agree that this settlement is confidential and the amount is not to be disclosed to anyone other than immediate family members, law firm members or others with a legal need to know or pursuant to a court order. If any party or counsel is asked about the resolution of this matter, the only allowable response is, “the matter was resolved to the satisfaction of all parties and the settlement terms cannot be disclosed.” All parties and counsel agree that a determination of actual damages for breach of this agreement may be difficult, impractical or impossible to calculate, and they therefore, agree to liquidated damages in the amount of $1,000 in the event of a breach of this clause.               Plaintiff’s initials_____         Defendant’s initials _____

Payments: (Alt.) Defendant agrees to pay the total sum of $     . Said sum is payable as follows: $     on or before     .The balance will be paid by installment payments in the amount of       on the first of each month beginning on     . Payments are to be made by check payable to       and delivered to     . If any payment is not received within 5 days of the due date the entire balance will become due and payable and Plaintiff may obtain a judgment by ex parte motion before a judge of the Superior Court in an amount equal to the balance due.

Liquidated damages: Actual damages may be difficult, impractical or impossible to calculate, therefore Plaintiff may add to the balance due, $1,000 in liquidated damages for failure to make payments in a timely manner.                     Plaintiff’s initials_____         Defendant’s initials _____

Conditional Settlement: All parties agree and understand that this agreement on behalf of the       is subject to approval of the       before it can be binding upon the     . Counsel for the       agree that they will recommend to the       to approve this agreement and will make his/her best effort to secure that approval and to secure that approval at the earliest reasonable date.

Reports to Authorities: All parties stipulate and agree that there is no admission of liability, wrongdoing or improprieties and that they agree that they have not, and will not, file any complaint with any governmental authority or administrative agency, including but not limited to the Department of Real Estate, the Contractor's State License Board or       regarding the subject of this mediation.August 24, 2007.

(If a report has been filed:)       has filed a report with the Department of Real Estate, the Contractor's State License Board or       regarding       work.      will inform said Board, and if asked by any other governmental authority, that they have resolved their disagreement with       and have no further complaints about his conduct or work.

Non-Disparagement: All parties agree that they will not make any disparaging or negative statement, written or oral, or engage in any negative communication about any opposing party or any opposing party’s representatives or employees, or any opposing party’s work, professional conduct or business.

More Formal Agreement Anticipated: The parties agree that this agreement, although binding and enforceable, will be replaced by, or supplemented by, a more formal agreement prepared by counsel within the next seven calendar days.

Cooperation on Documents: All parties agree that further documents will need to be prepared, formulated, signed or filed in order to consummate this agreement. All parties agree to cooperate in this process.

SIGNATURES OF PARTIES:

 

Signature: ___________________________________________      Date: September 25, 2008

Typed Name:          

  

Signature: ___________________________________________      Date: September 25, 2008

Typed Name:          

 

Signature: ___________________________________________      Date: September 25, 2008

Typed Name:          

  

Signature: ___________________________________________      Date: September 25, 2008

Typed Name:          

  

Signature: ___________________________________________      Date: September 25, 2008

Typed Name:          

 

Signature: ___________________________________________      Date: September 25, 2008

Typed Name:           

APPROVED AS TO FORM BY COUNSEL BELOW:

 

Signature: ___________________________________________      Date: September 25, 2008

Typed Name:          

  

Signature: ___________________________________________      Date: September 25, 2008

Typed Name:          

  

Signature: ___________________________________________      Date: September 25, 2008

This form is copyrighted, but may be used so long as the following line is left on it:

This form used with permission of Judge Darrel Lewis www.MediatorJudge.com 






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