With the majority of legal disputes being resolved in settlement,
crafting strong, enforceable settlement agreements is critical. Most
attorneys prepare to negotiate their case, but few get ready to write an
effective settlement agreement that optimally addresses all of the
issues between the parties and comports with statutory requirements.
Crafting Effective Settlement Agreements: A Guidebook for Attorneys and
Mediators identifies the many elements of preparation, from drafting
proposed settlement agreements prior to negotiations, to reviewing
boilerplate provisions with language that may be contradictory to the
provisions unique to the settlement negotiated, to identifying desirable
nonmonetary terms for the settlement of "money only" cases, such as
indemnity and confidentiality clauses and clearly enforceable payout
schedules.
In a single, comprehensive volume, author Brendon Ishikawa, provides
valuable guidance for attorneys regarding the process of drafting
settlements as well as the substantive terms required for enforceable
agreements. An essential resource, this convenient desk reference will
help you:
- Explore principles to follow to ensure an optimal drafting process and
result for settlement agreement
- Avoid potential traps during the preliminary settlement agreement
process
- Understand the legal requirements for settlement agreements
- Navigate complex interpersonal dynamics of people with opposing
interests
- Analyze the practical implications of proposed contractual terms
- Identify problematic settlement agreement terms
- Explore ethical issues faced during the settlement agreement process
- Draft an effective, binding, and enforceable settlement agreement
- And much more!
Effective settlement agreements convert the risks, delays, and expenses
of lawsuits into solutions that the parties choose for themselves. The
drafting of a written, binding, enforceable settlement agreement
requires an amount of attention, time, energy, and effort for which
attorneys and mediators are seldom fully prepared. You will want to
carry it with you to every mediation and negotiation you attend!
Bonus: This book contains a very detailed, valuable checklist of items
to be included in a settlement agreement.
