Assignment 4

Negotiations for
Settlement
 Negotiations for Settlement
4 Tier Negotiation Drafting of Consent Judgment

Letter 1 – A party proposes settlement ~ Will be in English

(Plaintiff or Defendant – you choose)
~ Will be signed by both parties
Letter 2 – Counter Proposal for
Settlement ~ Will address all pertinent points
that resolves the dispute as a whole
Meeting – between lawyers to discuss
settlement

Letter 3 – Letter accepting proposal for

settlement (please quote the meeting
attended in the letter)
CAN ANYONE TELL ME WHAT ARE THE
ISSUES THAT MUST BE ADDRRESSED IN
ANY SETTLEMENT PROPOSAL?
 STAY FOCUSED ON THE
FACTORS THAT COULD LEAD
TO SETTLEMENT
You must keep your mind on the objective, not on the obstacle.
– William Randolph Hearst
 “
Features that make Settlement attractive

~ Shorter Time Frame

~ Less Costs Payable
~ Commercial Prospects with Counter Party
~ Flexibility
 WHO USUALLY PROPOSES
SETTLEMENT?

# Court

# Lawyers

# Clients
 WHAT IS THE GOAL?
The bring about the full resolution of the issues faced by the
client. A win win solution for both sides
 SAMPLES
Proposals for Settlement Consent Judgment

~ Proposal ~ Monetary Compensation

~ Response/Acceptance Involved
~ Response/Acceptance ~ Defamation Action
pursuant to a meeting
 FEATURES OF ANY SETTLEMENT PROPOSAL

The Actual Proposal Features Consent Judgment

~ The quantum ~ MUST be marked
involved ~ Reflects the final
WITHOUT settlement between the
PREJUDICE parties
~ Lump
Sum/Instalments? ~ Reserving of rights ~ The terms will be
~ Interest? disclosed to court
~ Timeframe in which
the counter party is to ~ Do not forget the
~ Liability? revert, failing which the penal notice
offer lapses
~ What happens to the
suit? What about costs?