Drafting & Enforcing Effective Settlement Agreements
The majority of disputes end in settlement or compromise rather than being decided by a court.
Settlement can be achieved by simple negotiation or as a result of mediation or some other form of alternative dispute resolution.
There has been recent case law in this area, plus there is currently an EU mediation directive that allows for cross border recognition and enforcement that will probably become defunct with Brexit, and a new Singapore UN Convention on international recognition, enforced in August 2019, thought to be the mediation equivalent of the NY Convention for arbitral awards.
The aim of this webinar is to update you on the current law and practice regarding drafting valid and effective settlement agreements for use both domestically and internationally.
What You Will Learn
This webinar will cover the following:
- The effect of a settlement
- Privilege and without prejudice status of negotiations
- The different ways of documenting a settlement and ensuring watertight agreements
- How to set aside a settlement
- New rules for recognition and enforcement of mediation agreements internationally
- How to enforce a settlement and in what circumstances can a settlement agreement be found to be unenforceable?
- Can you recognise and enforce mediation settlement agreements within the EU? And how will Brexit impact on this?
- Recent case law & procedure:
- Simantob v Shavleyan  - Requirements for valid settlement - what constitutes consideration
- Barts Health NHS Trust v Salmon (unreported) (17 January 2019) - Legal costs - how this decision impacts on when budgeted cases have settled before trial, and whether costs will be open to challenge on assessment
- New CPR 39.10
- Changed rules with regard to the duty to inform the court of a settlement
This webinar was recorded on 20th November 2019