Expert advice for settling legal action
At WSP Solicitors, we have extensive experience in dealing with settlement agreements across a range of sectors, including resolving disputes by way of settlement and dealing with settlement agreements in employment matters.
Resolving an issue without the need for a court hearing is often preferable to litigation. It is generally a faster and more cost-effective way of dealing with a case and can prevent a business relationship from deteriorating further.
Our team will do all they can to negotiate a resolution to your legal dispute or to agree on the terms for ending a period of employment without involving the courts. It is generally advisable to seek legal advice as soon as possible when a dispute arises to try and deal with matters before they escalate. We have a strong track record of success in settling legal disputes quickly and efficiently and without protracted legal wrangling.
Our settlement agreement solicitors will work with you to understand exactly what you want from an agreement and negotiate robustly on your behalf to obtain it. We will ensure that the agreement is right for your situation and that you understand the implications of signing it.
For information regarding some of our related services, see our commercial contracts solicitors page.
Take advantage of our offer of a free initial consultation
We offer a free, no-obligation initial consultation with one of our commercial dispute solicitors to give you the opportunity to explain the situation and ask us for advice. We are happy to speak to you by way of phone, videoconferencing or face-to-face, whichever you prefer.
To book a free initial consultation to talk about settlement agreements with our commercial law team, please contact your local WSP Solicitors office in Gloucester, Stroud or Dursley, or use the enquiry form on the right.
How we can assist you with a settlement agreement
Negotiating terms for settlement
If you are dealing with a legal dispute or are ending your employment contract, it is generally advisable to seek legal advice to ensure that your views are heard and taken into account. At WSP Solicitors, we will go through your case with you to identify the key issues and give you our honest advice as to the strengths and weaknesses of your case.
We understand the negotiating process and will put your case strongly, pressuring the other side to settle where we believe this is in your best interests.
Drafting the settlement agreement
If a negotiated agreement can be reached, we will draft the settlement document for approval and arrange for it to be executed once it has been finalised.
Advising you on the contents of a settlement agreement
If you have been offered a settlement agreement as part of legal action or at the end of a period of employment, you should take independent legal advice before signing. We can advise you on the terms of any settlement agreement you have been offered and give you our opinion as to whether it is fair and reasonable. Where we believe that you could do better, we will make suggestions as to how the document could be amended and what additional terms might better protect your interests.
Settlement agreements explained
What is a settlement agreement?
A settlement agreement is a contract made between two parties by way of a compromise to resolve a legal dispute or to deal with an employment issue, often by ending an employment contract.
The document will set out what both parties are prepared to agree to. In employment, this generally includes the payment of a lump sum by the employer and agreement on the part of the employee not to pursue any legal action against the employer. In respect of other matters, it could include a commitment to carry out or not to carry out certain actions or to make payments.
When can a settlement agreement be used?
A settlement agreement is frequently used by employers in terminating employment as well as by parties involved in other types of disputes. It can be tailored to suit the individual circumstances of the case and is a useful way of resolving a legal disagreement without becoming involved in court action.
It can involve extensive negotiation, and it is advisable to use a solicitor with genuine expertise in resolving difficult issues, who will know how and when to pressure the other party and how to move negotiations along to a satisfactory conclusion.
Are settlement agreements legally binding?
Settlement agreements are legally binding contracts, providing certain criteria are met. These include the following:
- The agreement must be in writing
- It must relate to a particular issue or proceedings
- The parties must have received independent legal advice before signing
What happens if a settlement agreement is breached?
Both parties are legally bound to adhere to the terms of a settlement agreement, and failure to do so can be a breach of contract.
The remedy available will depend on the seriousness and nature of the breach. If an employee fails to comply with the terms of a settlement agreement after being paid to leave their employment, the employer might be entitled to an injunction against them to prevent certain actions from being taken, for example, to stop them from breaching restrictive covenants such as poaching clients.
Where one party failed to pay an agreed sum to the other or failed to carry out an agreed action, the other party could be entitled to a payment in respect of damages.
Why choose WSP Solicitors for settlement agreements?
Decades of experience
Our commercial settlement solicitors have experience in resolving a wide range of legal disputes, from breaches of contracts to claims against employers. We take a pragmatic approach, offering an honest opinion as well as clear and actionable advice.
We are known for being strong negotiators, and we understand the methods that can be used to encourage the other side to agree to a settlement rather than pursuing legal action.
An outstanding level of service
We pride ourselves on our exceptional level of service. We understand that you may need to speak to your lawyer urgently or to discuss the issues surrounding your case, and we always do all we can to ensure we are available to speak to you as necessary.
We will provide you with your own dedicated point of contact at the firm who will work to understand your case as well as your wider commercial aims and way of operating.
Experience in resolving complex business and employment disputes
We work with clients of all sizes, from small family businesses to multi-million-pound corporations. We will provide you with the level of expertise you require, including dealing with complex or protracted disputes and negotiations.
Bespoke legal advice that will benefit your business
Our Commercial Team will provide the right advice for your business, tailored to your individual circumstances and taking into account the bigger commercial picture. We work to provide not only legal representation and expertise but also the support and guidance that will help you achieve your commercial objectives.
Accredited experts you can trust
WSP Solicitors holds the Law Society’s Lexcel accreditation. This is a standard awarded to law firms that are committed to legal excellence. It recognises the level of quality that we have achieved in respect of client care, compliance and practice management. We are also independently regulated by the Solicitors Regulation Authority (SRA).
Contact our settlement agreement solicitors in Gloucestershire
For expert advice in respect of a settlement agreement, please contact your local WSP branch in Gloucester, Stroud or Dursley today.
If you have a question or would like to request a call back, you can also use our quick online enquiry form.