Mediated Settlement Agreements: A Primer and 25 Practice Tips

A large percentage of litigated cases will resolve through the mediation process. Attorneys who prepare for their session in advance typically improve client outcomes. Because mediation is an agreement-reaching process, appropriate planning should include attention to the settlement document. Treating that document as an afterthought, or waiting to address form and content until after the parties reach an understanding on economic terms, can lead to a host of unwelcome consequences.

Join mediator and arbitrator Phillip Neiman, Esq., FCIArb for a primer on mediated settlement agreements. This 90-minute session will include practice tips covering basic and advanced topics, including enforceability, reasons to eschew the MOU, proper signatories, confidentiality provisions, releases, dismissals, deferred payouts, third-party and court approvals, liens, attorneys fees and certain tax considerations.