Forum Selection Clause
A contractual agreement that designates the court and location where the parties would like to have their legal dispute decided is commonly known as a "forum selection clause."
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mediation
Final Settlement
An agreement reached by the parties to a lawsuit, usually in writing or read into the record in court, settling all issues. Usually there are elements of compromise, waiver of any right to reopen or appeal the matter even if there is information found later which would change matters (such as recurrence of a problem with an injury), mutual release of any further claim by each party, a statement that neither side is admitting fault, and some action or payment by one or both sides. In short, the case is over, provided the parties do what they are supposed to do according to the final settlement's terms.
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Dispute Resolution
Consent Order
See: consent decree
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Consent Judgment
See: consent decree
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Consent Decree
A court order to which all parties have agreed. It is often done after a settlement between the parties that is subject to approval by the court.
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Compromise
An agreement between opposing parties to settle a dispute or reach a settlement in which each gives some ground rather than continue the dispute or go to trial.
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Collaborative Law
An alternative way to settle disputes in which both parties hire specially trained attorneys who work to help them respectfully resolve the conflict. Every participant in a collaborative case agrees to work together to seek a "win-win" solution to the needs of both parties. A collaborative law case is not permitted to go to court. If the dispute does end up in court -- or if one of the parties threatens to go to court -- the collaborative law process ends and neither lawyer can continue to work on the case.
Adequate Remedy
A remedy that a court deems adequate under the circumstances. The remedy may be ordered by the court or arrived at by the parties to the lawsuit.For example, a court might consider it adequate for one party to compensate the other with money (damages) or to take some other action such as tearing down a shed that crosses a property line.
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Framing
Negotiation technique of presenting an offer in a more attractive way without changing its substantive terms. Thus, someone offering a settlement would frame the settlement as a gain and the trial as a possible risk. Someone opposed to settling would frame the settlement as a risk and the trial as a possible gain.
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