Mr. Schanzer certifies that if and when defendant completes the appropriate forms, the complete packages can be mailed to each fund and the transfers effectuated. Where the parties do not agree to one or more of the essential terms, however, courts generally hold that the agreement is unenforceable. In order for there to a manifestation of assent to be bound by an agreement, it is required that there be unqualified acceptance of the terms of the agreement. Where a qualified and conditional acceptance containing terms and conditions not found in a proposed settlement exists, a counter proposed settlement has been created. Both parties in this litigation agree that there was a Settlement.
New Jersey has a strong public policy in favor of settlement.
The apparent bad faith in completing the terms of the Settlement, requires this court to enforce the terms of the Settlement as memorialized by the attorneys on November 15 and November 21, 2000. Most certainly, the only time that a dollar amount was set forth on an Order, the Judge crossed off the dollar amount and the entire paragraph. Other than that, this matter is settled.