Massachusetts Notice to Client of Proposed Settlement
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How to fill out Notice To Client Of Proposed Settlement?
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FAQ
What Should Be Included in a Settlement Agreement? Identifying information for all involved parties. A description of the issue you're seeking to settle. An offer of resolutions that both parties agree to. Proof of valid consideration from both parties without coercion or duress. Legal purpose.
A settlement agreement works by the parties coming to terms on a resolution of the case. The parties agree on exactly what the outcome is going to be. They put the agreement in writing, and both parties sign it. Then, the settlement agreement has the same effect as though the jury decided the case with that outcome.
As a general rule, your initial demand should be at least twice what you are looking to settle the case for, if not more. You have to give yourself room to negotiate.
The proposal should have your name, the creditor or debt collector's name, and the account number. It should also have the terms of the settlement, such as the amount being paid, whether it's paid in a lump sum or over time, and the payment due dates.
Clearly indicate financial terms, the timeline for acceptance, and any conditions for this offer. Often, a settlement will require both parties to sign a confidentiality agreement in which each agrees not to speak about the incident or settlement, and to release all legal claims arising from the incident.
If the mediator is simply acting as a scrivener, they must be mindful that by transferring terms for a settlement into an agreement, a mediator must also comply with the State Bar's Rules of Professional Conduct. If attorneys are present at the mediation, best practice is for the attorneys to draft the agreement.
