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If a settlement agreement has been signed by both parties and approved by a judge, then it is legally binding and enforceable. However, after a case has been dismissed, the court no longer has the power to enforce a settlement agreement.

If a party wishes to withdraw from the settlement, they must prove fraud, duress, coercion, or unconscionability. Before a settlement is voided, the parties must present their cases to a judge to determine whether there is enough evidence to warrant nullifying the agreement.

If a party breaches the terms of the agreement, the other can bring a motion to enforce the consent to judgment. A consent to judgment can be an invaluable part of a mediated or negotiated settlement agreement since it disincentives a potential breach. It also makes enforcement more expeditious and less expensive.

An agreement that ends a dispute and results in the voluntary dismissal of any related litigation. Regardless of the exact terms, parties often choose to keep their settlement agreements private.

Because proving hard damages from the breach of a confidentiality clause is difficult, some agreements may contain liquidated damages provisions. They may also allow the prevailing party to recover attorney's fees from the breaching party in a suit to enforce the clause.

A settlement is a voluntary agreement between two parties that ends a dispute and results in the dismissal of any litigation. A settlement can be beneficial because it speeds up the process of litigation and thereby avoids ongoing legal fees.

Note: In a default case, the signature of the respondent on the settlement agreement must be notarized. Attach the completed and signed Settlement Agreement and applicable attachments to the Judgment (FL-180).