To have as much security as possible, document your agreement in a settlement agreement. A transaction contract is a contract like any other, so the usual terms of a valid agreement apply. Under the settlement, the most important requirements must be: the terms of a possible settlement will be specific to the circumstances of each dispute, but there are some key points that apply in each settlement and which, in addition to the above legal requirements, should be carefully considered to ensure that the agreement clearly and explicitly addresses all the details of the proposed agreement. : Once the talks and negotiations are completed and both sides are ready to sign a transaction agreement, different conditions will have to be met for the treaty to be legally binding. If you have an agreement with your employer, in writing, you should also ensure that: 7. The existing legislation and jurisdiction – as with any contract, it is important to take into account the applicable legislation and jurisdiction of the contract in order to clarify how to resolve all disputes that arise. If one of the parties is headquartered abroad, you also include a trial agent clause so that you are able to conduct proceedings for that party without any further formality. 2. The certainty of the conditions – if a contentious issue is not addressed or if the conditions are not sufficiently clear, it may be difficult to implement the treaty; the court will try to implement the agreement of the parties, but it will not go so far as to rewrite them for them. CONSIDERING that the parties recall the terms of their agreement and do so in this document; and relevant guarantees and compensations – see: Development of transaction agreements – guarantees and compensation for the implementation of the procedure – see: Development of transaction agreements – Sale of the procedure below Available For guidance to make a transaction offer and determine how to document your comparison, see practical remarks: As with any contract, there are a number of key elements that need to be taken into account 5. Legal costs – or the other party may have legal or legal fees. , legal fees or fees for third parties such as experts. If you have agreed to have one party cover the other party`s legal costs, it is important to address this issue specifically in the transaction contract.
If the dispute has been settled for a specified amount, but the costs have not been mentioned, no cost agreement can be reached. Try to reconcile the amount to be paid for the fees – although, if you are unable, it is possible to decide in the courts whether a procedure has been initiated or not. This means that the details of the negotiations cannot generally be used as evidence of an admission by one of the parties, unless it becomes necessary to verify whether a transaction has been concluded. If the parties opt for mediation, mediation discussions will also be considered unscathed. 2. The security of conditions – if a contentious issue is not addressed or if the conditions are not sufficiently clear, it can be difficult to implement the treaty; the court will try to implement the agreement of the parties, but it will not go so far as to rewrite them for them.