Representing a client in a trust case? A signed mediation settlement agreement (MSA) needn’t mean that your work is done. The requirement of a signed final MSA, while indispensable, nevertheless can present serious challenges where settlements regarding complex trusts frequently depend on nonmonetary conditions. These, in turn, bring into play post-mediation contingencies such as trust modifications, changes of trustee, appointment of trust protectors, representative protection or minors and the disabled, reallocation of trust assets, administrative approvals and tax opinion letters.

Not infrequently, the document that is necessary to effectuate the settlement is nearly as lengthy as the trust document that is the subject of litigation, although it has been generated with far less care by the loose cooperation of lawyers in an exhausted environment. So, it’s not surprising that this unavoidable rush can wind up generating more problems than it solves by producing a flawed or incomplete document that fails to adequately address such contingencies.