Give peace a chance

Perhaps these famous words of John Lennon were in the minds of the leaders of the two Korea’s during their recent historic meeting, which saw a significant thaw in their countries decidedly frosty relations and perhaps the official end of a 65 year war.

Mercilessly, consumer disputes do not last as long as the Korean War but they can take up significant resources and cause substantial financial and reputational damage, if handled incorrectly.

After weighing the pros and cons of a claim, it may be decided to sue for peace and seek settlement terms.

The wording used when making overtures towards settlement is critical and should be put in writing.

An email or letter will suffice, but to avoid being bound by such offer, until it is accepted, the words “Without Prejudice Subject to Agreement” should properly appear at the head of the communication.

Whether the offer is to be made “without admission of liability and as a gesture of goodwill”, or otherwise is a matter for consideration, on the facts.

Such offers are also usually made “in full and final settlement of all disputes between the parties”, or some such similar words, that may be appropriate.

The offer might also include a suitable confidentiality clause to prevent ones dirty laundry being aired in public and a condition that any disparaging remarks be removed forthwith from all forms of media and not repeated.

For all your settlement agreement needs, speak with Lawgistics.


 

Authors: Howard Tilney

Published: 02 May 2018

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