That's nice, but the rest of us didn't accept anything to agree to provide a legal system that would enforce it... and there's no reason we should.

You make it sound like an a la carte option "I'll take the standard severance plus the non-disparagement bonus please!".

That's not how it works at most companies.

Yeah, clearly the employee and the company have the same leverage in negotiation here.

It's a free market! If she didn't like the offer, she could've just gotten herself fired from some other company instead. /s