Michael Kelsheimer | Gray Reed Prepare a draft settlement agreement that suits the case before mediation. Take it with you and use it to make a full and final settlement agreement at the end of mediation. In my early mediations as a young litigator, I used the mediator’s short form to conclude a settlement at… Continue reading Mediated Settlement Agreements – Be Prepared . . . In Advance
Tag: Settlement Agreement
Could Drafting — And Executing — A Good Settlement Agreement Be The Key To Being A Good Trial Attorney?
Robert D. Swanson and Ian K. McGlone | BoutinJones Wisdom teaches that one should be as cautious at the end of an important endeavor as at the beginning. Somewhere between 90% and 95% of all civil cases are resolved prior to trial. In one article from 2017, it was estimated that about one percent of all federal civil cases… Continue reading Could Drafting — And Executing — A Good Settlement Agreement Be The Key To Being A Good Trial Attorney?
Parties Can Agree to Anything in a Settlement Agreement…..or Can They
Alexa Stephenson and Ivette Kincaid | Kahana Feld A settlement agreement is a contract. When parties to pending litigation enter into a settlement, they enter into a contract. Such a contract is subject to the general law governing all contracts. (T. M. Cobb Co. v. Superior Court (1984) 36 Cal.3d 273, 280 [204 Cal. Rptr. 143, 682… Continue reading Parties Can Agree to Anything in a Settlement Agreement…..or Can They
Settlement Agreement? It Ain’t Over ‘Til it’s . . . Final, in Writing, Fully Executed, and Admissible
Tod Likman | Colorado Construction Litigation As litigators we have all been there: nearing the end of a hard-fought mediation that lasted all day. Your significant other texts to ask what is for dinner; daycare closes in thirty minutes; the dog needs to be let out. The mediator, a retired judge, gently reminds you of his prior… Continue reading Settlement Agreement? It Ain’t Over ‘Til it’s . . . Final, in Writing, Fully Executed, and Admissible
Six Key Questions When Settling And Releasing Legal Claims
Louise Stoupe and Keiko Rose | Morrison Foerster Most disputes settle, so it is important for legal teams to be aware of the key issues involved in drafting a settlement agreement. This is particularly true now, as companies around the world grapple with the COVID-19 pandemic and the resulting strain on supply chains and business… Continue reading Six Key Questions When Settling And Releasing Legal Claims