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A settlement is a resolution between disputing parties about a legal case, reached either before or after court action begins. The term "settlement" also has other meanings in the context of law. Structured settlements provide for future periodic payments, instead of a one time cash payment.
Usually, United States lawsuits end in a settlement, with an empirical analysis finding that less than 2% of cases end with a trial, 90% of torts settle, and around 50% of other civil cases settle.
Under Federal Rule of Evidence 408, settlement negotiations cannot usually be introduced as evidence at trial, and many state rules of evidence have similar rules modeled after it.
Most settlements are confidential. In these cases, the court order may refer to another document which is not disclosed, but which may be revealed to prove a breach of the settlement. Confidentiality is not possible in class action cases in the United States, where all settlements are subject to approval by the court pursuant to Rule 23 of the Federal Rules of Civil Procedure and counterpart rules adopted in most states.
In some cases, confidential settlements are requested in discovery. Federal courts can issue protective orders preventing the release, but the party seeking to prevent disclosure must show that harm or prejudice would result from the disclosure. In specific states such as California, however the burden is on the party seeking release of the confidential settlement.
The confidentiality of settlements is controversial as it allows damaging actions to remain secret, as occurred in the Catholic sexual abuse scandal. In response, some states have passed laws which limit confidentiality. For example, in 1990 Florida passed a 'Sunshine in Litigation' law which limits confidentiality from concealing public hazards. Washington state, Texas, Arkansas, and Louisiana have laws limiting confidentiality as well, although judicial interpretation has weakened the application of these types of laws. In the U.S. Congress, a similar federal Sunshine in Litigation Act has been proposed but not passed in 2009, 2011, 2014, and 2015. Confidentiality agreements which keep secrets from regulators about violations is probably unenforceable, but a specific carveout granting regulators access is usually not included.
국가가 서로 다른 두 회사간의 매매계약에서 갑이 계약한 금액을 지급하지 않아 을이 중재기관에 중재신청을 하여서 상호합의 하는 화해계약서의 화해내용은 갑이 을에게 2회 분납으로 송금하고, 본 화해계약에 관련된 비용은 모두 갑이 부담하기로 하고, 갑이 제1조에 정한 화해금액을 지급한 이후에 을은 어떠한 이의도 제기하지 않으며, 쌍방은 이유여하를 불문하고 원래의 계약과 관련한 거래로부터 발생되는 쌍방이 가졌거나 가지고 있거나 가지게 될 모든 클레임이나 채무로부터 상대방을 본 계약의 서명일로부터 면책 시키고, 어떤 국가법에 따르고 이로부터 발생되는 모든 분쟁은 그 국가의 상사중재원의 중재규칙에 따라 중재로 해결하고, 중재인이 내린 판정은 최종적이고 당사자 쌍방을 구속하며, 본 계약은 원 계약과 관련하여 당사자간의 모든 합의를 내포하며 그와 관련되어 모든 사전 합의에 우선하기로 하고, 본 계약의 서명일에 발효하게 하는 화해계약서로 이 합의를 증명하기 위하여 당사자들에게 권리를 부여받은 중역이나 대표자가 기재된 날짜에 영어로 2부를 서명하는 합의계약서입니다.
(Sample of) SETTLEMENT AGREEMENT
This Settlement Agreement (hereinafter called the "Agreement") is made and dated as of [ 월 일, 연도 mm/ddth/yy ] by and between A Company (hereinafter called the "A") a company duly organized and existing under the laws of [ A 국가명 Nation of A ] , having its principal office at [ A 주소 Address of A ] and B Company, a company duly organized and existing under the laws of [ B 국가명 Nation of B ], having its principal office at [ B 주소 Address of B ] .
WHREAS, Sales Contract No. [ 계약서 번호 contract number ] was made on [ 계약날짜 contract date ] by and between A, as a buyer(purchaser, and B, as a seller, as amended from time to time (the “Sales Contract”) to sell and purchase the (Product) but A didn’t pay the price of the (Product) to B at the amount of US$ [ 금액 amount ]
WHREAS, B filed arbitration on [ 중재신청일 Arbitration application date ] with the [ name of international commercial arbitration center ] at [ 중재기관 위치 arbitration center adress ].
NOW, THEREFORE, in consideration of the premises and of the mutual covenants contained herein, the parties agree as follows:
1. A shall pay to B by [ 지급방식 payment method] to the account notified by B:
a. US Dollar [ 금액 글자 amount in letter (US$ 금액 숫자 amount in number) ] not later than (1st payment date);
and
b. US Dollar [ 금액 글자 amount in letter (US$ 금액 숫자 amount in number) ] not later than (last payment date).
2. All costs and expenses incurred or to be incurred on each side relating to this Agreement shall be borne by A.
3. On and after A duly pay the settlement amount specified in Article 1, B will not make any claims and both parties shall release and discharge each other from any and all claims and liabilities which the parties ever had, have or hereafter may have against each other by reason of any cause arising out of the transaction related to Sales Contract upon and from the execution of this Agreement.
4. This Agreement shall be subject to [ 국가명 country name ] Law, and any dispute arising out of it shall be settled in [ 도시, 국가 city, country ]
Seoul, Korea according to the Commercial Arbitration Rules of the Korean Commercial Arbitration Board.
The award rendered by the arbitrator(s) shall be final and binding upon both parties concerned.
5. This Agreement embodies the entire agreement of the parties hereto with respect to the Sales Contract and supersedes all prior agreements with respect thereto.
6. This Agreement shall be effective upon the signing of this Agreement.
IN WITNESS WHEREOF, the parties hereto has caused this Agreement to be
executed in duplicate in English on the date first above written by its duly authorized officer or representative.
A Company name. B Company name.
By By
Name Name
Title Title
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