4 Chapter the Written Settlement Agreement
Library | Crafting Effective Settlement Agreements: A Guidebook for Attorneys and Mediators (ABA) (2018 Ed.) |
CHAPTER 4 The Written Settlement Agreement
Ending a successful mediation without a written agreement is like quitting at the bottom of the ninth inning. No matter how well you're doing, it's not a win until you finish properly.
The gold standard for resolving civil legal disputes is the written settlement agreement. In this book, "written settlement agreement" means a single document, intended to be the final agreement, drafted to resolve one or more legal claims without further litigation, and personally signed by the parties or their authorized agents. Written settlement agreements impress upon the parties the reality and solemnity of their agreement, capture the terms of the settlement for reference when memories fade, provide a roadmap for conduct that will resolve the case, and are enforceable in court. With these benefits, parties and their attorneys should strive to execute a written settlement agreement before adjourning any successful mediation session. "This opinion is almost universally shared among professionals in alternative dispute resolution."1
This chapter explores the basic categories of terms in settlement agreements...
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