What is a settlement in civil litigation?
A settlement in civil litigation is an agreement between two or more parties outside of the courtroom. This agreement usually involves an exchange of money, property, or other services to resolve a dispute without the need for further litigation. In Hawaii, a settlement can be the result of negotiations between the parties involved or can be a decision made by a judge. In most cases, a settlement is preferable to a trial as it can cost less, take less time, and can prevent potential embarrassment. The settlement is also less likely to result in appeals and can be more expedient. When settling, it is important to ensure that both parties are satisfied and that the agreement complies with the law. In the event both parties are unsatisfied with the outcome of their negotiations, they may wish to seek legal advice or take the dispute to court. A settlement should be made in writing. In Hawaii, a settlement agreement should be written in a manner that is agreeable to both parties and should include a statement of intent to resolve the dispute without further litigation. The agreement should also provide a mechanism for resolution in the event of a dispute arising in the future.
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