Don’t Fail to Include Necessary Disclaimers in a Settlement Agreement

A party to a mediated settlement agreement agrees only to the terms of the agreement. Each party typically makes concessions without admitting that it is legally or morally obligated to do so. A party making concessions should therefore include in the settlement agreement an express provision that by agreeing to the terms of the settlement it is neither expressly or by inference admitting any liability, negligence, fault, malfeasance, misfeasance, fraud, wrongdoing, or criminal conduct.


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Download Chapter By Francis L. Carter

Bankruptcy Mediation is a treatise published by the American Bankruptcy Institute