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3. Is a settlement agreement a type of contract? Yes. Like any other contract, an enforceable settlement agreement is formed by (1) a concrete offer from one party to another, (2) unconditional acceptance to that offer by the receiving party, and (3) consideration.
Registering the settlement agreement will make it enforceable as a District Court order. This means that if one party does not fulfil their obligations under the registered settlement agreement, enforcement action may be taken against them.
Once a settlement has been reached by both parties, your attorney will notify the court, which will then issue an Order of Settlement requiring the completion and signing of all relevant documents within 30 to 60 days. The Settlement Release form is an important step in the process.
Yes, once all the necessary written concurrences are obtained, a settlement agreement is binding on both parties.
A settlement agreement records the terms of a compromise which has been agreed between the parties to a dispute. It is a useful tool to conclude a dispute, set clear obligations for everyone involved and reduce the risk of future disputes and litigation arising between the parties.