This settlement agreement and release template is for use when settling a case pending in South Carolina state court. You can easily adapt the template for use in a pre-litigation settlement. This template includes practical guidance, drafting notes, and alternate and optional clauses. Settling a case can avoid the uncertainty of trial or a court ruling on a dispositive motion. You can also use a settlement to obtain at least a portion of what your client was seeking in the litigation. If you are representing a plaintiff, your client will likely obtain some measure of compensation. If you are representing a defendant, settlement can protect your client from a large jury verdict. Settling a case can save your client substantial time and money in litigation expenses, especially if you settle before the parties conduct meaningful discovery. Once you reach a settlement, the parties will need to prepare a settlement agreement memorializing the agreement's terms. In most cases, the defendant will draft the settlement agreement for the plaintiff to review and sign. Ensure that the settlement agreement sets forth the essential agreement between the parties, including: • Amount that the defendant will pay the plaintiff • Timing of the payment • Form of payment • Nature of any equitable relief to which the parties have agreed • Provision requiring the parties to file a stipulation dismissing the case—or the claims against the settling defendant if the case involves multiple defendants—with prejudice once the settlement is final In addition to the above items, you should also carefully consider whether to include other common provisions, including: • Release clauses • Confidentiality provisions • Non-disparagement clauses • Liquidated damages provisions If you are representing a plaintiff, you may have limited ability to negotiate the defendant's draft agreement. This can be particularly true in cases involving corporate or organizational defendants, as they may feel strongly about various settlement terms, and may have standard form agreements that they use in most cases. For additional practical guidance, see Settlement: Drafting a Settlement Agreement Checklist (Federal) and Settlement: Reviewing a Settlement Agreement Checklist (Federal).