Achieving Resolution

Why Closure Matters

A case is resolved only when both sides sign an agreement or release. Remote mediation makes it more challenging to obtain signatures during the session, so thorough preparation is essential. Lawyers who bring a draft settlement with blanks for final terms give clients the best chance for a binding resolution. This prevents remorse and secures closure before the session ends.

Be Prepared, Be Strategic

At GW ADR, we remind attorneys that drafting an acceptable settlement document is their responsibility. Preparing a flexible draft allows parties to focus on substance during mediation and quickly finalize the terms.

Key Considerations for Settlement

Here are important issues to evaluate when preparing for mediation and drafting your settlement agreement:

  1. Will you permit opening statements during mediation?
  2. Should you submit confidential mediation statements?
  3. Should opposing counsel review your statement in advance?
  4. If mediation is voluntary, which clients are required to attend?
  5. Do corporate representatives have defined settlement authority?
  6. Should an expert witness participate in mediation?
  7. Would a polygraph exam help in a narrow "he said, she said" dispute? (Note: Many arbitration panels may admit
    polygraphs, as discussed in The Florida Bar Journal and The Nebraska Lawyer regarding their use in arbitration.)
  8. Should each party have a separate agreement and release?
  9. Who is and is not covered by the release?
  10. Are there specific parties that should be excluded from the release?
  11. What is the required scope of confidentiality? (Be mindful of SEC Rule 21F-17, the whistleblower provision.)
  12. How will future disputes regarding the agreement be handled?
  13. What is the chosen choice of law?
  14. What forum is designated for settlement-related disputes?

Our Role in the Process

 Steven and David are available to discuss these considerations in advance. Their guidance ensures that attorneys and clients approach mediation with clarity, strategy, and the necessary tools to achieve a true closure.