Settlement Counter-Offer Review: Terms, Releases and Arithmetic
Check a counter-offer for clarity and traps.
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Review my counter-offer or settlement email. The other side's offer: [THEIR_OFFER]. My draft reply: [MY_DRAFT]. My documented loss: [DOCUMENTED_LOSS]. Terms that matter to me: [MY_TERMS]. Check the arithmetic, the clarity of what is being settled, and whether my reply accidentally accepts or rejects something. Identify risky wording: 'full and final', confidentiality, non-disparagement, release of other claims, payment in vouchers, or vague timing. Rewrite the reply to state the amount, the payment method and date, what is covered, what is not covered, and how the settlement will be recorded. Provide a table of terms, risk level and suggested change. Add a short list of questions to ask before agreeing, and a reminder that I may want advice for larger sums. Do not predict outcomes. This is not legal advice. Quote no statute from memory. Use [JURISDICTION] and [RELEVANT_LAW_OR_POLICY_IF_KNOWN] as given. Point me to a consumer agency. Threaten nothing beyond lawful steps.
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Their offer: 150 'in full and final settlement', payment in 60 days, no admission. My documented loss: 210. Arithmetic: 150 / 210 = 71 percent of documented loss. Risks in the draft reply: it says 'I accept' in the first line, which could close the matter before payment terms are agreed; 'any and all claims' is not in my reply but is in theirs. Revised reply: 'Thank you for the offer of 150. My documented costs are 210. I could accept 190 within 14 days, in settlement of this order only, with written confirmation that the account is closed.' Questions: Is payment by transfer? Is any confidentiality required?
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