In most litigation proceedings, you may be given the opportunity to resolve your case through what’s called a “Settlement”. Unfortunately, some people have a different mindset about what that actually entails but here’s a few things to help you:
1) You gotta give up something
One of the things people have a hard time accepting is the fact that you are going to have to give up something!! You almost rarely get EVERYTHING you want when you are ‘settling’ something. You have to ask yourself what can you or can’t you live without.
2) They are going to give up something
You have to remember that the other side is giving up something as well. Sometimes, we don’t think the other side is losing as much as we are. Remember, every body is ‘giving up’ something.
3) It’s a contract so you better READ!
Sometimes, people are in such a rush to get to the end result that they don’t take the time to actually REVIEW the document. Remember, it’s important that you take the time to actually review the settlement agreement so you don’t end up agreeing to something that you didn’t want.
4) Yesterday, today and Tomorrow!
Some agreements are designed to not only deal with situations of today but they may have some provisions relating to the past or the futures. Once again, it’s important that you take the opportunity to look back and review to make sure that you are not signing something to burdensome.
5) If you break it, here it comes!
Some settlement agreements have provisions that ensure that if one of the parties break it, there will be some consequences. Keep that in the back of your mind in case you decide you want to break your tie from the contract.
6) There’s a reason you go to an attorney
The reason you should let an attorney review the settlement is you may not be familiar with all of the various jargon or provisions that is actually IN the contract. You don’t want to sign something you don’t understand.
7) Rare reasons for breaking it: Duress, Coercion, Unconscionable
In some instances, if you were FORCED to sign the agreement or you signed something that was SO outlandish that no person would have signed it, you may have a defense if you break the contract.
At the end of the day, your biggest decision will be a “TAKE IT or LEAVE IT” Decision. Settling a case is always tough but you got to decide what you can or can not live with when making your decisions.
