With the majority of legal disputes being resolved in settlement, crafting strong, enforceable settlement agreements is critical. Most attorneys prepare to negotiate their case, but few get ready to write an effective settlement agreement that optimally addresses all of the issues between the parties and comports with statutory requirements. Crafting Effective Settlement Agreements: A Guidebook for Attorneys and Mediators identifies the many elements of preparation, from drafting proposed settlement agreements prior to negotiations, to reviewing boilerplate provisions with language that may be contradictory to the provisions unique to the settlement negotiated, to identifying desirable non-monetary terms for the settlement of "money only" cases, such as indemnity and confidentiality clauses and clearly enforceable payout schedules. Effective settlement agreements convert the risks, delays, and expenses of lawsuits into solutions that the parties choose for themselves. This single, comprehensive volume provides valuable guidance for attorneys regarding the process of drafting settlements as well as the substantive terms required for enforceable agreements. An essential resource, this convenient desk reference will help attorneys and mediators: - Explore principles to follow to ensure an optimal drafting process and result for settlement agreement- Avoid potential traps during the preliminary settlement agreement process- Understand the legal requirements for settlement agreements- Navigate complex interpersonal dynamics of people with opposing interests- Analyze the practical implications of proposed contractual terms- Identify problematic settlement agreement terms- Explore ethical issues faced during the settlement agreement process- Draft an effective, binding, and enforceable settlement agreement.
About the Author
Brendon Ishikawa is certified as a specialist in appellate law by the State Bar of California Board of Legal Specialization and has practiced appellate law for more than 20 years. He serves as lead appellate court attorney at the California Court of Appeal, Third District, in Sacramento, California, and writes about and teaches appellate law, risk analysis, and other mediation-related skills to attorneys and mediators.