CK • Washington.   Wieviel Mühe muss sich ein Gericht bei der Prüfung eines Vergleichs geben? Der Beschluss vom 7. Februar 2014 im Fall Alewel v. Dex One Service, Inc. vermittelt einen guten Eindruck. Das Bundesgericht für Kansas schreibt unter anderem:

The court has carefully read and considered all of the details provided in the parties' amended joint motion for approval of the settlement. The court concludes bona fide disputes exist over many factual issues, including whether the plaintiff did work off the clock, and over several significant factual and legal issues, including whether any time spent reviewing materials is compensable based on the defendant's denial that it had required the review time or had made it a condition of employment. Employing the various factors laid out in […], the court finds that the settlement is fair, reasonable and equitable. There are serious and involved questions of law and fact in dispute, and this litigation poses substantial risks and difficulties in the parties' presentations of their respective positions on this problematic […] claim. The court is satisfied that the settlement agreement is not the result of collusion or fraud, but it is the product of protracted arms-length negotiations between experienced and knowledgeable attorneys over a bona fide dispute. Both sides candidly admit the extreme difficulty in proving and defending [such] cases and the significant costs involved in preparing and presenting such cases. In light of the risks, costs, and the serious issues in dispute, the court finds that the settlement agreement represents a fair and equitable resolution of the […] claims and is in the best interest of the parties.