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A Practical Approach to Alternative Dispute Resolution

A Practical Approach to Alternative Dispute Resolution (5th edn)

Susan Blake, Julie Browne, and Stuart Sime
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date: 21 April 2024

p. 30417. Reaching a Settlementlocked

p. 30417. Reaching a Settlementlocked

  • Susan Blake, Susan BlakeProfessor, Barrister and Associate Dean of Education, The City Law School, City, University of Londona
  • Julie BrowneJulie BrowneAssociate Professor, Barrister and Deputy Course Director of the BPTC, The City Law School, City, University of London
  •  and Stuart SimeStuart SimeProfessor, Barrister and Course Director of the BPTC, The City Law School, City, University of London

Abstract

This chapter focuses on key aspects of the final stage of the negotiation or mediation process: reaching a settlement. An agreement reached through mediation or negotiation is essentially a contract. As such, contractual principles will apply, and oral or email exchanges may be binding. To avoid problems, it is important to be clear about process. It is also necessary to check the coverage and detail of a potential settlement fully. A potential agreement may be undermined by a failure to agree detail as the settlement process goes forward, or due to tactics in the final stages. Ultimately, it is very important to finalize the terms of an agreement at the end of the settlement process, perhaps building in terms to assist enforcement or implementation.

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