A precursor of ADR, the settlement agreement is a self-regulation instrument of private interests teleologically oriented to the out-of-court resolution of legal disputes. It is characterized by a certain problematic nature, enhanced by its remarkable structural flexibility. This is an instrument of private autonomy for the contractual resolution of legal dispute. A constitutive precondition for the agreement must be, therefore, a current or potential contrast, to be understood as a conflict of interest as to the existence, extent or the exercise of a right. Whereas its definition does not seem to raise particular problems, the same cannot be said for its constitutive elements. 8.
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