Don't Forget to Finalize the Mediated Settlement Agreement
Upon reconsideration, a client may become unwilling to honor the prior understanding. The adversary is, of course, upset. After all, the settlement was reached not only between the parties, but with the assistance of and in the presence of a mediator.
April 13, 2021 at 01:12 PM
7 minute read
ADR
Abraham J. Gafni
Many settlements are reached at the end of an exhausting day or days of mediation. Consequently, rather than wrapping up everything at that point, parties may settle orally, with the understanding that either they or the mediator will prepare a document that will memorialize their agreement.
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