What is the difference between a stipulation and an agreement?

A stipulation and an agreement are two different ways of settling a legal dispute. A stipulation is an agreement between opposing parties in a law suit that allows them to avoid a trial. Stipulations are common in civil procedure because it allows both parties to avoid the long and expensive process of a trial. Stipulations are binding and must be followed by both parties. An agreement is an understanding between two or more parties that can be either verbal or written. An agreement does not require any court filings or court oversight, and it does not need to be certified by a judge. An agreement is an arrangement between two or more parties that can be mutually beneficial. The difference between a stipulation and an agreement is that a stipulation is legally binding and overseen by the courts, while an agreement is voluntary and not legally binding. A stipulation can be modified with the approval of the courts, while an agreement can only be modified with the consent of all parties involved. Stipulations are generally preferred when parties are in dispute and need the courts to enforce the agreement. Agreements are preferred if all parties agree to the outcome and do not need the courts to enforce the agreement.

Related FAQs

What is a motion to intervene?
What is a joinder?
What is the process of filing a motion?
What are the different types of civil actions?
What is a motion for an order of contempt?
What are the steps for filing a motion for summary judgment?
What is the difference between a motion to dismiss and a motion for a more definite statement?
What is the pleading stage of civil procedure?
What is the burden of proof in civil cases?
What is a deposition?

What is the difference between a stipulation and an agreement?

Related FAQs

Related Blog Posts