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Glossary
Settlement and Alternative Dispute Resolution
Settlement Fundamentals terms within settlement and alternative dispute resolution.
settlement-and-alternative-dispute-resolution
A confidential settlement restricts disclosure of the resolution terms, subject to statutory and court limitations.
A counteroffer responds to a settlement offer with different terms, rejecting the original offer.
A general release discharges all claims between the parties, whether known or unknown, arising from any matter.
An indemnity clause in a settlement shifts responsibility for third-party claims, most often liens, to the settling plaintiff.
A limited release discharges only defined claims, preserving others the releasing party may hold.
A non-disparagement clause restricts the parties from making negative statements about each other after settlement.
A nuisance value settlement resolves a claim for less than the cost of defending it, without regard to merit.
An offer of judgment is a formal settlement offer that shifts certain costs to the rejecting party if the final judgment is not more favorable than the offer.
A policy limits demand is an offer to settle a claim for the full amount of available insurance coverage, releasing the insured from further exposure.
A release is the settlement provision by which a claimant gives up specified claims against identified parties in exchange for consideration.
A settlement is the voluntary resolution of a dispute by agreement between the parties, ending the claim without a verdict.
A settlement agreement is the contract documenting a resolution's terms, including payment, releases, dismissal, confidentiality, and any continuing...
Settlement authority is the maximum amount a representative is empowered to commit in negotiation, typically set by the client or insurer.
A settlement conference is a facilitated negotiation session, frequently conducted by a judge or magistrate.
A settlement demand is the claimant's stated amount and terms to resolve a claim, usually supported by documentation of liability and damages.
A time-limited demand is a settlement demand that expires on a stated date, creating pressure on the insurer to evaluate and respond within a compressed...
A walk-away settlement resolves a claim with each party bearing its own costs and no payment exchanged.
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