SKU: SET1519 Category:

A broad legal form with severable clauses that are negotiation tools, but stands also as a broad release draft at settlement closing.

Use this extremely broad general release form as a settlement tool during negotiation; then use again to close the settlement that has been negotiated. This mutual general release even has portions which release “all claims” of not only your adversary party, but also the “all claims” of your own client!

During bargaining, you can advance each of the separate (severable) clauses that as additional negotiation points, e.g., a confidentiality clause.

Here is a sample of what Mutual General Release of All Claims gives you:

  • There is not only a clause releasing any claims arising from the described occurrence but also a clause releasing any thing that is, might be, a claim for anything, arising from anything, arising at any time after the creation of the world! This release legal form is not simply a release of specified claims. Indeed this release goes further to release claims which are not known to exist and which, if known, would have materially affected the decision to settle.
  • This is a idea-proposing negotiation tool. Putting this form on the negotiation or mediation table gives you a tool to allow you to gracefully change your previous suggested settlement price or give the other side a face-saving reason to change their settlement price. (E.g., “We’ll increase the amount we will pay if your client will sign this sort of broad release, so we can be sure we’re rid of him.” Or, e.g., “We’ll sign this sort of broad release if your client will pay more.”)
  • Clauses you should think about using, such as a confidentiality clause with enforcement built-in.
  • Use the time of payment provision to get the settlement check delivered when it is supposed to be delivered. (Important to use in any release or agreement that a plaintiff attorney negotiates.)
  • Clauses that make this form a settlement release of any possible claim by either party (or easily modified to only release claims of one party).
  • Time. You cannot dictate a first draft of this type of release as quickly (and cheaply) as cheaply as buying this form to start your process of fine-tuning the release for your specific case.

Here are what we think are the main reasons why buyers like this legal form.

This is an extremely broad mutual release of all — repeat “all” — claims by all parties. That is a needed “cover your bases” item for you to consider and perhaps insist on getting (or use as an offer to the other side that does not cost your client money out of pocket) negotiations. Especially useful in resolving:

  • commercial litigation between two companies, or individuals, when the type of commercial dispute being resolved or a course of commercial dealing suggests the likelihood that other problems and claims of actions done or omitted may surface later;
  • tort (e.g., slander or conversion of property or trespass claims) which have the likelihood that other problems and claims of actions might exist or arise;
  • tort claims between ex-spouses; and.
  • any serious personal injury claims.

Important to the person getting paid consideration, this release has language providing that the court in which the pending action is filed retains jurisdiction of both the cause of action and also of the parties, and, upon application to the Court by an aggrieved party, may enforce payment of the consideration, plus interest, damages, punitive damages, and attorneys’ fees. Without this clause getting the contemplated consideration to be paid sometimes turns out to need to serve a new summons and complaint and file a completely new suit on the settlement agreement , asking for mandatory relief.

You can own Mutual General Release of All Claims for only $17.90.


SKU: SET1519 Category: