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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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