Who decides what counts as a win or a lose when parties agree to a settlement? Are there cases where it’s not obvious who is really doing all the winning? Mind

Who decides what counts as a win or a lose when parties agree to a settlement? Are there cases where it’s not obvious who is really doing all the winning? Mind you I don’t have any answers and I’m not intending on being adversarial. I just don’t immediately see how this can work.