No Loose Ends!

When drafting mediation settlement agreements, to the extent possible never, never leave any loose ends. After a long, tiring session often someone may suggest just setting down bullet points, with a formal agreement to be hammered out by the attorneys in the next few days. Don’t do it! Mediation involves a process where things happen that will not be repeated before or after and indeed, will often be repudiated when the spirit of compromise evaporates. The most innocuous step may be seized upon by a participant who has a change of heart. This results in an enormous waste of time, money and energy. No loose ends!

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