Crafting Effective Settlement Agreements

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 nonmonetary terms for the settlement of “money only” cases, such as indemnity and confidentiality clauses and clearly enforceable payout schedules.


In a single, comprehensive volume, author Brendon Ishikawa, 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 you:





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

And much more!


Effective settlement agreements convert the risks, delays, and expenses of lawsuits into solutions that the parties choose for themselves. The drafting of a written, binding, enforceable settlement agreement requires an amount of attention, time, energy, and effort for which attorneys and mediators are seldom fully prepared. You will want to carry it with you to every mediation and negotiation you attend!


Bonus: This book contains a very detailed, valuable checklist of items to be included in a settlement agreement.