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Using mediation to avoid litigation If settlement cannot be achieved by direct negotiation it can often be achieved via mediation. Many people do not realise that mediation is a successful alternative to litigation and resolves disputes in a great many cases.

As stated earlier in the article, you do not have to agree to a settlement agreement. You have the right to negotiate the terms and any negotiations are confidential, provided marked 'without prejudice' and cannot be used in an ET or other legal proceedings by you or your employer.

Ing to Acas guidance, employers should give employees a minimum of 10 calendar days to decide whether they want to accept a Settlement Agreement. Your employer should not demand that the Agreement be signed straight away.

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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.

The result of a settlement agreement involves the responsible party paying a certain amount to compensate for the damages caused to the victim.

Settlement agreements must follow certain rules in order to be enforceable. Agreements that do not meet these requirements will not be enforceable. Aside from these rules, there is no right of appeal for an agreement. This makes it even more important that you receive legal advice when reaching an agreement.