Settlement begins with a statutory offer to compromise, followed by a settlement agreement and on occasion, an application or motion for the court’s determination that the settlement is in good faith.
The Templates collection includes several versions of a statutory offer to compromise, determined by the number of offerors/offerees, or whether the context is a trial or arbitration. The objections to the C.C.P. §998 offers, while are not legally effective as a rejection of the offer, are instructive as to the problems with the offer as made and may provide the offeree with grounds for deciding whether to accept the offer or let it expire, and the offeror with grounds to consider withdrawing the offer.
The settlement agreements in the collection contain all of the standard terms and conditions. The “supplements” provide the language to be incorporated where the matter involves an indemnity claim for Medicaid/Medicare benefits, for example. Just as the other Templates, the settlement agreements are intended to be used as a checklist of the terms, conditions and provisions that should be included in the agreement, based on the facts of the particular case.
The Application/Motion For Determination Of The Good Faith Of The Settlement provides a template of the conditions to be satisfied for the court to rule that the settlement was in good faith.