The settlement of a lawsuit is contractual in nature. Co. v. National Chiropractic Mut. Absent ambiguity, the construction and effect of a contract are questions of law. This court need not defer to the district court determinations on questions of law. Ass'n v. Minnesota Pub.
Courts favor settlement of disputes without litigation.
The party who seeks vacation of a settlement has the burden of showing that there are sufficient grounds to do so. Id. Darling argues that a careful review of the record of the settlement discussion shows that he never affirmatively accepted the terms of the agreement. The matter had been set for a pretrial conference when Pietsch's counsel advised the court that the parties had agreed to settle. After some discussion in which Darling, who was appearing pro se, expressed his desire to discuss the matter with an attorney, the district court advised Darling that he must decide whether to agree to the settlement. Darling's claim that this does not objectively constitute a manifestation of assent has no merit.