What does this regulate?
01 · UNDERSTAND
A settlement records how parties resolve a dispute through mutual concessions. A clear delimitation is essential: what is the matter of dispute, what does each concede and which points may remain outside the arrangement?
We pay attention to execution. Who pays what, by when, which documents are delivered and when does an agreed waiver of claims apply? A signed agreement only helps if the agreed arrangements are also enforceable.
A RECOGNISABLE SITUATION
After works there is a dispute about an outstanding amount and defects. Parties want to agree on a reduced balance. The text must clearly state which points of dispute are thereby settled.
What requires attention?
02 · CHOOSE CONSCIOUSLY
A settlement can limit your ability to return to the settled dispute later. Not all rights are freely available. In opposing interests, separate assistance for each party may be necessary.
Also explain what was agreed earlier and where doubts remain. A regulation can only be appropriately developed if facts and wishes are clear.
More points to consider for your own situation
03 · YOUR INTENTION
You do not need to be able to answer all this in advance. Your doubts are also a good starting point.
Click on a question for an initial explanation or practical tip. You do not need to have an answer to everything yet.
What exactly is disputed and what is established?
Make two short lists: facts on which everyone agrees and points that are still disputed. Add contracts, payments and important correspondence.
What concession is each party willing to make?
Note your desired outcome and where you possibly see room for manoeuvre. You do not need to agree this in advance with the other party; it helps to understand the negotiation space.
Should the arrangement be complete or partial?
Indicate which points of dispute you want to settle definitively and which should remain open. This allows the text to precisely delimit the intended scope.
What happens if someone does not perform the agreement?
Describe what performance is required, by when and how execution can be proven. Also discuss what must be done in case of non-compliance.
Is there already a procedure ongoing or is a lawyer involved?
Provide the contact details of your lawyer, procedural documents and known deadlines. This allows the preparation to take into account ongoing steps and agreements.
What do we need, and why?
04 · PREPARATION
Bring what you already have. We will agree on any additional documents the office needs to request. The final list depends on your file.
Identity and contact details
To correctly identify the persons involved and their capacity. Provide identity documents via the channel we agree with you.
Agreements, formal notices of default and correspondence
To delimit the dispute and positions.
Documents from an ongoing procedure
To align the arrangement with the procedural status.
Evidence and calculations of the claims
To make the proposed arrangement verifiable.
Proposal of mutual concessions
To determine what the parties actually want to conclude.
Is something missing? Mention it in your application. An initial meeting does not have to wait until you have gathered everything yourself.
What does NotaLegal do for you?
05 · GUIDANCE
We investigate the legal scope and carefully word the reached agreement. We discuss whether a notarial form or further procedural step is necessary to achieve the intended result.
You will receive a draft for discussion. We review your questions and agree the final version before signing. Afterwards, we explain which preservation, registration or further execution applies to your document.
Know in advance what to expect.
06 · FEES
You want to know in advance what to expect. That is why we clearly and transparently discuss what work your file requires and what fee applies. We take into account the nature and complexity of your question, the documents to be examined and the time a careful handling requires.
We determine in advance which documents are necessary and explain any additional document costs. If a notarial deed is required, we first discuss the adjusted assignment and costs. When the law requires a notarial deed, a private agreement does not suffice.
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Substantive background: Courts of Justice · Example of the binding effect of a settlement
General explanation for preparing your meeting. Foreign ties, previous documents and your concrete situation may change the outcome. Sources and legal explanation.