adj. referring to actions, including negotiations between parties and/or their attorneys,
without any direct involvement of a judge or the judicial system. Most commonly
it refers to an "out-of-court settlement" in which the parties work out a settlement
agreement, which they may present to the court for inclusion in a judgment approving
the agreement so that the parties can request a court to enforce the settlement
in case one of the parties reneges and fails to honor the terms of the settlement.
Quite often a judgment approving an out-of-court settlement is held in abeyance
and replaced by a dismissal if the terms are fulfilled. Some out-of-court settlements
are kept confidential and the lawsuit is dismissed.
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