If two or more parties have a dispute and make specific arrangements with each other in that context, it can be very wise to record these arrangements clearly in a settlement agreement. The Dutch Civil Code contains a number of rules about the settlement agreement. By putting down arrangements clearly in writing, recourse to the court can be avoided. And if ligitation is nevertheless necessary because one of the parties does not keep to the arrangements made, a good settlement agreement can make the court case a formality and thus save time and costs.
Parties can therefore enter into a settlement agreement in order to prevent or end an existing incertainty or dispute. Many settlement agreements are concluded after settlement negotiations, during a personal appearance of the parties (hearing) in legal proceedings or otherwise. If a party to a settlement agreement fails to perform an obligation under this agreement, the other party will in principle be authorised to terminate the settlement agreement in whole or in part or claim performance of the agreement in court.
The lawyers of AMS who specialise in the law of obligations not only have extensive experience of drafting settlement agreements, but also conduct litigation on such agreements for their clients, if necessary. The lawyers of AMS are strongly involved in the cases of their clients, work with short lines, and offer competitive rates.