Release Negotiation Strategies Are Important

The purpose of a settlement agreement is to “bury the hatchet” between the parties once and for all. The justice system encourages settlement as it avoids trials. However, it is essential for both parties to determine what “hatchet” to bury. In legal terms this process is called a “release”.

The type of release to opt for when drafting a settlement agreement will depend on the specific situation at stake: if the releasor believes that the settled dispute deals with all possible wrongdoings on the part of the releasee, then a general release is appropriate. If, however, there may be possible wrongdoings by the releasee that are not accounted for in the settlement agreement, then it will be prudent for the releasor to opt for a limited release. The article provides more useful tips on how to carefully and cautiously draft releases.

Read the article here.

Takeaway:

  • Parties must select the appropriate form of release: a partial release or a full, general release.

Written by Rajah. Rajah Lehal is Founder and CEO of Clausehound.com. Rajah is a legal technologist and technology lawyer who is, together with the Clausehound team, capturing and sharing lawyer expertise, building deal negotiation libraries, teaching negotiation in classrooms, and automating negotiation with software.