Pre-think the Settlement Agreement

As every litigation lawyer knows, drafting a settlement agreement or consent order at the end of a successful mediation can be exhausting. Energy levels are low and it can be a struggle to concentrate. But this is the most important part of the process because nothing is binding until the document is signed, and it has to be 100% right. In complex cases it’s a daunting task; it can take hours to complete the document to everyone’s satisfaction, and it’s only natural that mistakes creep in. Nobody wants satellite litigation over the settlement terms.

Consider bringing a draft agreement to the mediation because:

1  It can encourage the participants to focus on the deal and to collaborate to that end.

2  It allows the identification of the obstacles to settlement early on.

3  It gives the best chance of a binding settlement on the day rather than an adjournment on the grounds that people are too tired to start drafting possibly late in the evening.