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Showing posts from February, 2013

Is settlement the end of dispute?

The enforcement of settlements is still an issue. Under most laws, settlement reached by disputants with no involvement by the court will not be considered more than a normal contract. In cases of breach of such a contract, the aggrieved party will have to file a case for specific performance which will take him again through the litigation lengthy procedures. Parties may wish to record such settlements by the notary public to avoid any denial response. This will only help in its proof. However, settlements reached through court-annexed conciliation/mediation departments are usually dealt with differently. Here, the mediation settlement agreement will be ratified by the court and enforced as a binding and final court decision.