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Draft terms of settlement

Draft terms of settlement

By Derry Davine

Dispute Resolution Mediation 


Early preparation and neutral language can reduce the period between accord and signing. Every mediation that results in a resolution of the dispute finishes with the parties executing binding terms of settlement setting out the nature of the dispute and the agreed outcome. There is an argument for draft terms to be prepared in advance of the mediation and to be couched in neutral language. Early preparation Apart from the odd case where the solution comes out of left field in the sense that it has not been articulated before the mediation, most disputes settle along lines that can be anticipated. That being the case, it is a worthwhile exercise for a lawyer preparing for a mediation session to prepare draft terms of settlement that can accommodate the type of outcome that is considered the most likely to be achieved.

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