Crafting Effective Settlement Agreements: A Guidebook for Attorneys and Mediators (ABA)

CHAPTER 7 Problematic Settlement Terms
C. Out-of-court Oral Settlement Agreements
F. The Binding Agreement to Negotiate Over Nonbinding Terms
H. Making the Agreement Take Effect
E. The Nonbinding Preliminary Settlement Agreement
CHAPTER 2-I. PRINCIPLE 9: ANTICIPATE THAT YOU MUST PUT THE INITIAL AGREEMENT BACK TOGETHER AGAIN BEFORE ACHIEVING A FINAL SETTLEMENT
Acknowledgments
A. Ethical Issues for Attorneys
B. Douglas (medical Malpractice Hypothetical Settlement Agreement)
APPENDIX-D. Miyoshi v. Statena et al.(PERSONAL INJURY INVOLVING A MINOR HYPOTHETICAL SETTLEMENT AGREEMENT)
CHAPTER 4 CHAPTER THE WRITTEN SETTLEMENT AGREEMENT
H. Correspondence as a Binding Preliminary Settlement Agreement
CHAPTER 3-C. THE IMPOSSIBILITY OF KNOWING WHICH FACTOR A COURT WILL FIND DETERMINATIVE OF WHETHER THE AGREEMENT IS BINDING
CHAPTER 4-E. JUDICIAL APPROVAL, ENFORCEMENT, AND DISMISSAL
1 Chapter Introduction
G. Principle 7: Instead of Adjourning after an Initial Meeting of the Minds, the Better Approach Is to Continue to Make Progress Toward a Final Agreement
Foreword
CHAPTER 3 CHAPTER PRELIMINARY SETTLEMENT AGREEMENTS
CHAPTER 4-H. MAKING THE AGREEMENT TAKE EFFECT
CHAPTER 2-J. PRINCIPLE 10: THINK OF SETTLEMENT AS A PROCESS THAT CONTINUES UNTIL ALL TERMS ARE FULFILLED
CHAPTER 8-A. ETHICAL ISSUES FOR ATTORNEYS
C. Vostferous (employment Hypothetical Settlement Agreement)
Chapter 9 Conclusion
A. Principle 1: Preparation Is Essential for an Effective Settlement Agreement
G. Mediator's Proposal as a Binding Preliminary Settlement Agreement
4 Chapter the Written Settlement Agreement
D. Settlement Agreements in a Nutshell
CHAPTER 4-B. PAYMENT AND TRANSFER OF PROPERTY
H. Principle 8: Many Problems Can Be Avoided by Carefully Reviewing the Settlement Agreement before It Becomes Effective
CHAPTER 2 CHAPTER TEN PRINCIPLES FOR CRAFTING EFFECTIVE SETTLEMENT AGREEMENTS
CHAPTER 8-B. ETHICAL ISSUES FOR MEDIATORS
CHAPTER 3-A. ADVANTAGES AND PERILS OF PRELIMINARY SETTLEMENT AGREEMENTS
B. Guidance for Attorneys
Appendix
F. Interpretive Aids
B. Payment and Transfer of Property
CHAPTER 1-C. GUIDANCE FOR MEDIATORS
G. Problematic, Unnecessary, and Incomprehensible Terms
A. The Value of Craftsmanship in Settlement Agreements
CHAPTER 5-B. IN PRAISE OF BREVITY
E. Principle 5: the Parties Themselves Should Be Actively Involved During the Drafting Phase
About the Author
Acknowledgments
I. Unintentionally Valid Settlement Agreements and Accidentally Negated or Modified Settlement Agreements
I. Principle 9: Anticipate That You Must Put the Initial Agreement Back Together Again before Achieving a Final Settlement
CHAPTER 1-A. THE VALUE OF CRAFTSMANSHIP IN SETTLEMENT AGREEMENTS
E. What You Will Find in This Book
CHAPTER 2-G. PRINCIPLE 7: INSTEAD OF ADJOURNING AFTER AN INITIAL MEETING OF THE MINDS, THE BETTER APPROACH IS TO CONTINUE TO MAKE PROGRESS TOWARD A FINAL AGREEMENT
CHAPTER 1-B. GUIDANCE FOR ATTORNEYS
About the Author
C. Short Checklist for Preliminary and Final Settlement Agreements
CHAPTER 3-E. THE NONBINDING PRELIMINARY SETTLEMENT AGREEMENT
CHAPTER 3-G. MEDIATOR'S PROPOSAL AS A BINDING PRELIMINARY SETTLEMENT AGREEMENT
CHAPTER 4-D. TERMS PROVIDING ADDITIONAL VALUE TO THE PARTIES
B. Oral Agreements Stated on the Record in Open Court
B. In Praise of Brevity
C. Release of Liability
F. Principle 6: Emotions Will Play a Key Role in Whether a Party Accepts the Proposed Settlement Agreement
CHAPTER 5-C. SHORT CHECKLIST FOR PRELIMINARY AND FINAL SETTLEMENT AGREEMENTS
CHAPTER 4-A. CONTEXT
CHAPTER 4-I. UNINTENTIONALLY VALID SETTLEMENT AGREEMENTS AND ACCIDENTALLY NEGATED OR MODIFIED SETTLEMENT AGREEMENTS
5 Chapter Settlement Agreement Checklists
CHAPTER 8 CHAPTER SELECTED ETHICAL ISSUES RELATING TO SETTLEMENT AGREEMENTS
D. Terms Providing Additional Value to the Parties
CHAPTER 2-C. PRINCIPLE 3: PARTIES MUST AGREE ON ALL MATERIAL TERMS FOR THE AGREEMENT TO BECOME VALID
CHAPTER 6-D. CONCLUSION
A. Is There a Valid Oral Settlement Agreement?
B. Ethical Issues for Mediators
D. The Binding Preliminary Settlement Agreement
CHAPTER 4-G. PROBLEMATIC, UNNECESSARY, AND INCOMPREHENSIBLE TERMS
CHAPTER 2-H. PRINCIPLE 8: MANY PROBLEMS CAN BE AVOIDED BY CAREFULLY REVIEWING THE SETTLEMENT AGREEMENT BEFORE IT BECOMES EFFECTIVE
CHAPTER 1-E. WHAT YOU WILL FIND IN THIS BOOK
CHAPTER 6-B. ORAL AGREEMENTS STATED ON THE RECORD IN OPEN COURT
CHAPTER 3-I. CONCLUSION
CHAPTER 2-E. PRINCIPLE 5: THE PARTIES THEMSELVES SHOULD BE ACTIVELY INVOLVED DURING THE DRAFTING PHASE
APPENDIX-B. DOUGLAS (MEDICAL MALPRACTICE HYPOTHETICAL SETTLEMENT AGREEMENT)
CHAPTER 3-B. SELECTING THE RIGHT TYPE OF PRELIMINARY SETTLEMENT AGREEMENT
2 Chapter Ten Principles for Crafting Effective Settlement Agreements
B. Selecting the Right Type of Preliminary Settlement Agreement
D. Miyoshi V. Statena Et Al.(personal Injury Involving a Minor Hypothetical Settlement Agreement)
CHAPTER 6 CHAPTER ORAL SETTLEMENT AGREEMENTS
CHAPTER 5-A. DETAILED CHECKLIST FOR PRELIMINARY AND FINAL SETTLEMENT AGREEMENTS
CHAPTER 9 Conclusion
Appendix
CHAPTER 2-B. PRINCIPLE 2: IDENTIFYING THE AVAILABLE SETTLEMENT OPTIONS MAY ITSELF FACILITATE AGREEMENT
CHAPTER 3-D. THE BINDING PRELIMINARY SETTLEMENT AGREEMENT
CHAPTER 6-C. OUT-OF-COURT ORAL SETTLEMENT AGREEMENTS
D. Conclusion
D. Principle 4: Continue to Employ the Communication and Facilitation Skills Used to Reach Initial Agreement when Drafting the Settlement Agreement
APPENDIX-A. CATHATRIN (BREACH OF CONTRACT HYPOTHETICAL SETTLEMENT AGREEMENT)
A. Context
8 Chapter Selected Ethical Issues Relating to Settlement Agreements
Chapter 7 Problematic Settlement Terms
CHAPTER 1-D. SETTLEMENT AGREEMENTS IN A NUTSHELL
B. Principle 2: Identifying the Available Settlement Options May Itself Facilitate Agreement
CHAPTER 5 CHAPTER SETTLEMENT AGREEMENT CHECKLISTS
CHAPTER 3-H. CORRESPONDENCE AS A BINDING PRELIMINARY SETTLEMENT AGREEMENT
CHAPTER 6-A. IS THERE A VALID ORAL SETTLEMENT AGREEMENT?
C. The Impossibility of Knowing Which Factor a Court Will Find Determinative of Whether the Agreement Is Binding
A. Advantages and Perils of Preliminary Settlement Agreements
CHAPTER 4-F. INTERPRETIVE AIDS
3 Chapter Preliminary Settlement Agreements
CHAPTER 1 CHAPTER INTRODUCTION
CHAPTER 4-C. RELEASE OF LIABILITY
I. Conclusion
J. Principle 10: Think of Settlement as a Process That Continues until All Terms Are Fulfilled
6 Chapter Oral Settlement Agreements
CHAPTER 2-D. PRINCIPLE 4: CONTINUE TO EMPLOY THE COMMUNICATION AND FACILITATION SKILLS USED TO REACH INITIAL AGREEMENT WHEN DRAFTING THE SETTLEMENT AGREEMENT
C. Principle 3: Parties Must Agree on All Material Terms for the Agreement to Become Valid
CHAPTER 3-F. THE BINDING AGREEMENT TO NEGOTIATE OVER NONBINDING TERMS
E. Judicial Approval, Enforcement, and Dismissal
Foreword
A. Detailed Checklist for Preliminary and Final Settlement Agreements
CHAPTER 2-F. PRINCIPLE 6: EMOTIONS WILL PLAY A KEY ROLE IN WHETHER A PARTY ACCEPTS THE PROPOSED SETTLEMENT AGREEMENT
C. Guidance for Mediators
CHAPTER 2-A. PRINCIPLE 1: PREPARATION IS ESSENTIAL FOR AN EFFECTIVE SETTLEMENT AGREEMENT
A. Cathatrin (breach of Contract Hypothetical Settlement Agreement)
APPENDIX-C. VOSTFEROUS (EMPLOYMENT HYPOTHETICAL SETTLEMENT AGREEMENT)