Such a settlement is a contract between the plaintiff and the defendant. It rests on the agreement between the parties involved, that the plaintiff gives up his/her/their right/ability to sue (if the right to sue has not yet been exercised), or if the plaintiff has sued (then to drop the suit) in return for a certainty that is woven into the agreement. The trial court involved would have the power to enforce the settlement agreed on between the plaintiff and the defendant. The trial court involved comes into the picture only when the settlement agreed to by the parties’ stands in breach. Then, the party in default can be sued in the court for the breach of trust. Depending on the State, the breach of contract by a party may also invite the original action prior to the settlement being restored. This helps ensure that despite going for a settlement out of court, a party if aggrieved subsequently has the right to legal recourse.
The settlement process necessitates that the agreement is put into legal force via a court order after a joint stipulation by the parties to the dispute. Such a settlement lays down a legal outline of what the parties should do or not do. It may also happen that the claim filed by an aggrieved party has been satisfied via a monetary/non-monetary consideration. In such a situation, the parties to the dispute may file a notice to the effect that the case has been withdrawn or dismissed.
These days, a significant number of cases are being resolved via such settlements. There are several incentives for this legal recourse. Trials are not only a lengthy affair, but are also expensive. The costs associated with a trial would obviously include charges by the attorneys for legal advice and the costs incurred with respect to getting expert witnesses to testify. Moreover, the trial process is quite stressful, and often takes a toll on the overall health of the litigants. Such settlements are also of tremendous help to the courts that are already clogged with innumerable lawsuits.
Usually, the offer for such a settlement might be made by any of the parties involved in the case. The parties together with their attorneys may meet to thrash out a settlement. The settlement may be kept private without any public disclosure, provided that the issue is not in larger public interest (class action is an example) and is a private matter. Once the settlement is arrived at, it is then placed before the court, so that an order based on the same may be handed out by the court that has jurisdiction over the same. The court is free to change or alter the aforementioned order in the interest of justice. Parties in breach of such a settlement may also be tried for a contempt of court along with the civil proceedings.
An out-of-court settlement is an agreement that is reached between the parties that are involved in a pending lawsuit without the involvement of the court. The burden on the judicial system is undoubtedly reduced, if the parties to a dispute are able to come to a legally-binding negotiated settlement.