Partial Settlement Agreement for the United States

Partial Settlement Agreement Template for United States

A Partial Settlement Agreement is a legal document used in U.S. jurisdictions to resolve some, but not all, disputed claims between parties. This document outlines specific claims being settled while explicitly preserving others for future resolution or litigation. It includes detailed terms of settlement, release provisions, and clear delineation of which claims remain active. The agreement must comply with both federal and state-specific settlement requirements.

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What is a Partial Settlement Agreement?

The Partial Settlement Agreement is utilized when parties wish to resolve certain aspects of their dispute while maintaining their rights to pursue other claims. This document type is particularly valuable in complex disputes where resolving some issues can facilitate further negotiations or simplify subsequent litigation. The agreement must conform to U.S. federal and state settlement regulations, clearly identifying settled claims and preserved rights. A well-drafted Partial Settlement Agreement helps parties achieve partial closure while maintaining legal positions on remaining issues.

What sections should be included in a Partial Settlement Agreement?

1. Parties: Identification of all parties involved in the settlement

2. Background: Description of the dispute and circumstances leading to partial settlement

3. Definitions: Key terms used throughout the agreement

4. Settlement Terms: Specific terms of the partial settlement including payment amounts, actions required

5. Scope of Settlement: Clear delineation of which claims are being settled and which remain outstanding

6. Release Provisions: Specific claims being released under this partial settlement

7. Governing Law: Jurisdiction and applicable law

What sections are optional to include in a Partial Settlement Agreement?

1. Confidentiality: Terms of confidentiality regarding the settlement - used when parties wish to keep settlement terms private

2. Non-Disparagement: Provisions preventing parties from making negative statements - used in high-profile or sensitive disputes

3. Tax Implications: Treatment of settlement payments for tax purposes - used when settlement involves significant monetary compensation

4. Insurance Provisions: Details of insurance coverage and requirements - used when insurance companies are involved in settlement

What schedules should be included in a Partial Settlement Agreement?

1. Schedule of Payments: Detailed payment terms and schedule if applicable

2. Schedule of Released Claims: Detailed list of specific claims being settled

3. Schedule of Remaining Claims: List of claims that remain active and are not part of this settlement

4. Evidence of Authority: Documentation proving signatories' authority to settle

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

United States

Publisher

Genie AI

Cost

Free to use
Industries

Federal Rules of Civil Procedure: Particularly Rule 41 regarding dismissals and settlements, which governs the procedural aspects of settling federal cases

Federal Rules of Evidence: Regulations concerning the admissibility of evidence that may be relevant if the settlement involves evidentiary matters

Alternative Dispute Resolution Act: Federal legislation governing alternative methods of dispute resolution, including settlement procedures

Internal Revenue Code: Tax implications and requirements for settlement payments and their treatment under federal tax law

State Civil Procedure Rules: State-specific procedural requirements for settlements and court approvals where necessary

State Contract Laws: State-specific requirements for valid contract formation, including consideration, capacity, and mutual assent

State Settlement Regulations: Specific state requirements for settlement agreements, including any mandatory provisions or restrictions

State Statute of Limitations: Time limitations for bringing claims and how settlements may affect these limitations

State Release Provisions: State-specific requirements for valid releases and waivers of claims

Statute of Frauds: Requirements for which types of agreements must be in writing to be enforceable

Industry-Specific Regulations: Regulatory requirements specific to the industry involved in the settlement (e.g., employment, construction, real estate)

Confidentiality Laws: State and federal requirements regarding confidentiality provisions and non-disclosure agreements in settlements

Jurisdiction and Venue Laws: Legal requirements for establishing proper jurisdiction and venue for enforcement of the settlement agreement

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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