How To Make A Settlement Agreement

Table of contents:

How To Make A Settlement Agreement
How To Make A Settlement Agreement

Video: How To Make A Settlement Agreement

Video: How To Make A Settlement Agreement
Video: How to write a Settlement Agreement Letter. 2024, December
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It is possible to conclude an amicable agreement at any stage of the judicial process, including at the stage of execution of the decision. The parties have the right to determine the terms of such an agreement themselves, but this should not violate the rights and legitimate interests of third parties. The agreement can be drawn up in writing in the form of a separate document, or the parties must reach an oral agreement, then the conditions will be entered into the minutes of the court session and certified by the parties in the case.

How to make a settlement agreement
How to make a settlement agreement

Instructions

Step 1

In the preamble of the document, indicate: the place and date of the conclusion, the names of the parties concluding the agreement, their procedural status, and also who represents the interests of the participant - personally or a representative by proxy. The power of attorney must separately indicate the authority to complete the case peacefully. Here it is necessary to indicate in which court this dispute is pending, that is, which court will issue a ruling on the approval of the settlement agreement.

The title of the document includes: Settlement agreement on case No. A reference to the case number is required.

Step 2

The descriptive part of the agreement contains the specific conditions that the parties have agreed on. Provisions should be clear, specific, and avoid double interpretation. This means that it is necessary to indicate specific amounts of claims, dates of fulfillment of obligations, information on refusal or recognition by the parties of part of the claims. The distribution of court costs incurred by the parties should be consolidated. The legislation provides for the return of half of the state duty to the plaintiff from the federal budget, the remaining half is paid by the defendant.

Step 3

The final part of the agreement contains information about the consequences of concluding the agreement: the parties do not have the right to go to court again on the same dispute.

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