Negotiation Law Blog - You've Settled? With a Term Sheet? The Devil in the Details - Comments http://www.negotiationlawblog.com/ Southern California Arbitration Mediation & Conflict Resolution: Settle it Now Dispute Resolution Services: Serving Los Angeles, Beverly Hills, Century City en Copyright 2012 Fri, 23 Mar 2012 01:02:20 -0800 Fri, 23 Mar 2012 01:02:20 -0800 http://www.sixapart.com/movabletype/?v=4.32-en http://blogs.law.harvard.edu/tech/rss brooks schuelke I'm looking forward to your answer. As a plaintiff's atty, I can't tell you how many times I receive a post-mediation agreement drafted by a defense lawyer with terms (confidentiality, indmenity, etc) not part of the mediation agreement. Most times these things get worked out, but it can be a real problem.

]]> http://www.negotiationlawblog.com/settlement/youve-settled-with-a-term-sheet-the-devil-in-the-details/#22439 http://www.negotiationlawblog.com/settlement/youve-settled-with-a-term-sheet-the-devil-in-the-details/#22439 Advice for Young LawyersAdvocacyConflict ResolutionDeal MakingLegal PracticeMediationMoneyNegotiationNegotiation Strategy and TacticsSettlementState Court Fri, 16 Jan 2009 13:53:25 -0800 Victoria Pynchon Gavin Craig Rule 1: Never ever leave the mediation without a written agreement that can stand on it's own. Otherwise the chance of the deal falling apart will increase with time.

I recently settled a case - and the agreement was signed - although hand written - and the other party later wanted a more formal agreement. Which I guess meant not handwritten. They kept trying to slightly change the deal - and I refused. We finally, after a lot of wasted time, had a written (typed) agreement. Since my client was making a relatively small payment, but the other side wanted a "more formal" agreement - we just refused to make payment until the "more formal" agreement was executed.

The other attorney cost their clients time, money and delay. We were happy with the agreement as it stood. The new agreement was essentially identical because I refused to agree to additional terms. I'm sure many attorneys have similar stories of attorneys insisting on more formal agreement when the hand written agreement is perfectly good.

]]> http://www.negotiationlawblog.com/settlement/youve-settled-with-a-term-sheet-the-devil-in-the-details/#22440 http://www.negotiationlawblog.com/settlement/youve-settled-with-a-term-sheet-the-devil-in-the-details/#22440 Advice for Young LawyersAdvocacyConflict ResolutionDeal MakingLegal PracticeMediationMoneyNegotiationNegotiation Strategy and TacticsSettlementState Court Fri, 16 Jan 2009 13:53:25 -0800 Victoria Pynchon Vickie Thanks Gavin.

Haggling over unimportant terms in the agreement often becomes a matter of "face" for the attorney or, worse, retaliation for having obtained a deal that is worse than they wanted.

When you seal the deal complete in the mediation, it's more difficult for the attorneys to allow THEIR fight to prevail because their clients are present and the parties exercise a moderating influence on counsel.

When the mediator is assisting, the mediator can also help the attorneys "frame" the deal in as good a light as possible to improve a relationship that is sometimes hurt by the settlement.

]]> http://www.negotiationlawblog.com/settlement/youve-settled-with-a-term-sheet-the-devil-in-the-details/#22441 http://www.negotiationlawblog.com/settlement/youve-settled-with-a-term-sheet-the-devil-in-the-details/#22441 Advice for Young LawyersAdvocacyConflict ResolutionDeal MakingLegal PracticeMediationMoneyNegotiationNegotiation Strategy and TacticsSettlementState Court Fri, 16 Jan 2009 13:53:25 -0800 Victoria Pynchon