Documenting a settlement agreement reached at mediation is critical to the settlement’s success. But, in complex cases, the parties do not always have the time (or energy) to write and negotiate a formal settlement agreement at the end of a long mediation session. Instead, they sign off on a material term sheet to close the mediation, and then the lawyers spend the next couple of days (or weeks) negotiating the terms of the formal settlement agreement.
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Modern Mediation: The Czar Clause
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Documenting a settlement agreement reached at mediation is critical to the settlement’s success. But, in complex cases, the parties do not always have the time (or energy) to write and negotiate a formal settlement agreement at the end of a long mediation session. Instead, they sign off on a material term sheet to close the mediation, and then the lawyers spend the next couple of days (or weeks) negotiating the terms of the formal settlement agreement.