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A settlement agreement is a legally binding contract between two or more parties that resolves a dispute. It is a mutually agreeable outcome that avoids the need for litigation.

The agreement should set forth what money is being paid for, i.e., the type of damages, as well as the claims it is being paid on. If some damages are taxable and some are not, the settlement agreement should set out, in as much detail as possible, the proportions and rationale.

This is a formal letter that should include: A summary of the original incident with any factual disputes highlighted. Evidence to support the version of events provided in the Settlement Demand Letter. An outline of any relevant legal standards that apply to the matter. A settlement offer and terms/timeline for acceptance.

Note: In a default case, the signature of the respondent on the settlement agreement must be notarized. Attach the completed and signed Settlement Agreement and applicable attachments to the Judgment (FL-180).

Those requirements include: An offer. This is what one party proposes to do, pay, etc. ... Acceptance. ... Valid consideration. ... Mutual assent. ... A legal purpose. ... A settlement agreement must also not be "unconscionable." This means that it cannot be illegal, fraudulent, or criminal.

9 Things to Include in a Settlement Agreement A Legal Purpose. An Offer. Acceptance of the Terms. Valid Consideration on Both Sides. Mutual Assent. Waiver of Unknown Claims. Resignation. Confidentiality Clause.

If the mediator is simply acting as a scrivener, they must be mindful that by transferring terms for a settlement into an agreement, a mediator must also comply with the State Bar's Rules of Professional Conduct. If attorneys are present at the mediation, best practice is for the attorneys to draft the agreement.