Our senior management unit has extensive experience and know-how in dealing with settlement agreements. Since we regularly advise our corporate clients on settlement agreements, we are also well equipped to anticipate employer actions. This is a valuable asset in terms of negotiation. • Consider including a provision for attorneys` fees for a legal action to enforce the agreement (for example. B parties who bear their own fees/costs or if the winning party will have fees paid by the other party). Ultimately, in determining whether a provision is substantial, a court is obliged to recognize the intention of the parties. Ultimately, its conclusion on this issue should decide whether the claimant can pursue its original claim or whether it is limited to recovery under the settlement agreement. The aggrieved party may either file a motion for enforcement of the settlement agreement or file a separate breach of contract claim in order to obtain specific performance of the agreement. Currituck Assocs. c.
Hollowell, 166 N.C. App. 17, 24, 601 pp.e.2d 256, 261 (2004). In general, if the underlying action is still pending, an enforcement request is the easiest and fastest way to get redress. For settlements that involve the provision of money, the lawyer should: One of the conditions of validity of a settlement agreement is that the employee has received independent legal advice from legal counsel on the terms and effect of the agreement. The costs associated with this advice are often borne by the employer. .