A settlement and release is a contract that brings the parties to agreement on the outcome of a dispute, settling the plaintiff's claims and releasing the defendant from future claims arising from the same transaction or occurrence. It can prevent or end a lawsuit.
Payment for Plaintiff
To reach an agreement, both parties must give up something. The defendant or potential defendant gives the plaintiff the relief he wants--or at least a compromise of the plaintiff's demands. The relief the defendant offers may be the result of weeks, months or even years of negotiation. The benefit to the plaintiff is known as the settlement.
Release for Defendant
The parties must also compromise to meet the needs of the defendant. This is usually in the form of a release incorporated into the settlement agreement. The plaintiff, in exchange for the defendant addressing his injury, agrees to release the defendant from the current claim, usually without identifying fault, and also releases the defendant from any possibility of future claims.
Read More: What Is a Release of Liability?
Like any contract, a settlement agreement and release can be enforced by a court. The party who breaches the settlement and release can be taken to court, and a judge may order performance of the contract.
Joshua Jones began writing in 2003. He has published serial fiction on ezines, penned scholarly legal articles, and contributed online to the School Shootings Anthology. Jones holds a Bachelor of Music Education, University of Montevallo, a Master of Education Law and Juris Doctor from the University of New Hampshire School of Law, and a master's degree from McGeorge School of Law.