Compromise & Settlement

It is generally better to resolve a dispute by settlement since that reduces “litigation anxiety”, money spent on lawyers and it gives you the opportunity to solve the dispute on terms that are acceptable to you. Once it is clear that a dispute has started options for deescalating matters should be explored and this can be done by making a concerted attempt to settle the dispute. Some of the options available include: making a Calderbank offer and /or an offer of compromise (under the court rules) and asking for a deed of settlement and release.

The Principal Solicitor at our law firm has helped many clients resolve their commercial litigation disputes by encouraging opponents: to meet at without prejudice conferences, to make sensible and appropriate offers early on and throughout the course of the matter. Let us help you make a Calderbank type offer and/or an offer of compromise under the court rules which should enable you to protect your position in respect of costs if those offers are rejected (or not accepted) and you do better at trial.

Litigant is committed to helping you finalise your dispute as soon as possible and to do so with competence and trust whilst all the while remaining accessible to you as our client. With more than 10 years’ worth of experience helping litigants in Sydney with making appropriate offers (or negotiating the terms of a settlement put forward) we should be able to assist you with fully exploring the possibility of an reaching an agreement.

Let us help you: -

  • give some thought to exploring early settlement
  • make a Calderbank type offer (before proceedings are commenced)
  • prepare an offer of compromise under the court rules [see: UCPR 42.13A]
  • respond to an offer of compromise in an appropriate fashion
  • understand that if an offer of compromise is rejected and the other party obtains a judgement that is no less favourable than the terms of the offer you may need to pay the other party's legal costs on an indemnity basis from the date of the offer
  • seek a deed of settlement and release from the other party

* This content does not purport to give legal advice. Readers must obtain their own legal advice, that applies to the particular circumstances of their case, before taking any action at all.