Negotiation Law Blog - Devil in the Details: the Deal, the Whole Deal and Nothing But the Deal - Comments

Scott Perry

Victoria Pynchon — Fri, 23 Jan 2009 15:30:41 -0800

What kind of risks do you see in carrying gig sticks with information around? I do it, too, but always worry about dropping it or leaving it somewhere. Your thoughts?

Chris Annunziata

Victoria Pynchon — Fri, 23 Jan 2009 15:30:41 -0800

I have taken to carrying around a paper form, with lots of wonderfully basic stock language and 2 pages of lines for the parties to write in the agreement. But the flash drive idea is fantastic. You can have several different versions of settlement agreements.

Always full of great ideas, Vickie.

Juliana Hoyt

Victoria Pynchon — Fri, 23 Jan 2009 15:30:41 -0800

On the gig sticks what I do is have the forms only with no identifying information (no names of the parties, addresses, etc). If the need arises to upload those forms and fill them in then the data transfers to a computer's hard drive to be finalized, emailed to parties and attorneys and printed, if need be. That way there is no meta data from one client imported into a document sent to another and no worries about dropping the stick. I also like the idea of carrying around language on paper but it can take awhile to transfer the standard language into a final document and that can get frustrating for the draftsman and those who wait for the document to be completed.

Wonderful post, as usual Vickie. Do you put your disclaimer regarding use of the forms you supply in writing? In your Agreement to Mediate or as a footer on the documents themselves? Or do you just tell them orally?

Vickie

Victoria Pynchon — Fri, 23 Jan 2009 15:30:41 -0800

Good thoughts on the gig sticks, Juliana, particularly on the meta-data; something I tend to forget about.

If I were more risk averse, I'd have the attorneys sign a retainer agreement that says the use of any form language provided to them by the mediator or ADR firm is not legal advice, etc., etc.

As it is, I think an attorney would be ashamed to say he/she relied on the mediator to advise client. That is probably below the standard of care and hence negligence on the part of the attorney. So, yes, I just orally tell them, I make no representations about the enforceability or completeness of this form, etc.

Thanks for dropping by and taking the time to add your own good advice.