Section Newsletter Articles on Settlements

Good-faith settlement—When to settle By Albert E. Durkin Tort Law, October 2016 A look at the factors all parties must take into consideration when deciding when and how to settle a workers’ compensation case involving a third-party defendant/employer.
Recent legislation regarding settlements By John R. Bailen Tort Law, September 2015 The new legislation pertains to any “personal injury, property damage, wrongful death, or tort action involving a claim for money damages.
Unsettling ruling on settlement agreement: Common provision declared unenforceable as penalty By J. Matthew Pfeiffer Civil Practice and Procedure, October 2008 A recent opinion from the Second District of the Appellate Court of Illinois holds that a clause in a settlement agreement providing for an acceleration of the amount due in the event of a breach thereof without any express reasonable basis for such acceleration constitutes a penalty and, therefore, is unenforceable.
Handling settlement conferences with pro se litigants represented by appointed-counsel under the Settlement Assistance Program and why you should care By Devlin J. Schoop Federal Civil Practice, September 2008 On November 6, 2006, by a General Order of the Court, James F. Holderman, Chief Judge of the U.S. District Court for the Northern District of Illinois, implemented a court-wide program authorizing both district and magistrate judges to appoint counsel to pro se litigants on a limited basis in settlement conferences.
Overcoming some common barriers to settlement By Champ W. Davis Alternative Dispute Resolution, May 2005 There are many roadblocks to the settlement of a legal dispute. Some are created by the lawyers and clients and arise from the tactics chosen by the negotiators or from the different perceptions each side has as to the value of its claims or defenses.