A mutual agreement is a binding contract between two or more parties and can cover any contingency. The difference between a mutual agreement and a settlement not creating a trust, is determined by the operative words, ie "mutually agrees" or "settles".
Mutual agreement refers to the process of reaching a consensus through a bargaining process, which can be challenging, especially in situations involving both zero-sum and mixed-motive cases.
Clarity and Understanding: By establishing mutual agreements, all parties involved have a clear understanding of their rights, obligations, and expectations. This clarity helps prevent misunderstandings and potential disputes in the future.