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Cover A Practical Approach to Alternative Dispute Resolution

Susan Blake, Julie Browne, and Stuart Sime

A Practical Approach to Alternative Dispute Resolution provides a commentary on all of the major areas of out-of-court dispute resolution. The text is made up of six parts. Part I looks at the history and range of alternative dispute resolution (ADR) methods. The second part moves on to the interplay between ADR, civil procedural rules (CPR), and litigation. The third part focuses on negotiation and mediation. It looks at styles, strategies, and tactics; preparation for mediation; and the mediation process as a whole. It also touches on international mediation. Part IV is about evaluation, conciliation, and Ombudsmen. The fifth part examines recording settlement. The sixth and final part is about adjudicative ADR. It contains chapters on expert or neutral determination, construction industry adjudication, arbitration, arbitration tribunals, commercial arbitration, international arbitration, awards and orders, High Court jurisdiction in arbitration claims, and, finally, enforcement of settlement and awards.

Chapter

Cover A Practical Approach to Alternative Dispute Resolution

23. Recording Settlement  

This chapter explores the process of recording a settlement, which is the final part of the alternative dispute resolution (ADR) process. It is essential that all the issues between the parties are covered in a settlement agreement. If particular issues are deliberately left out of the agreement, or are left for further agreement, this should be made clear. The normal rules of contract law must also be adhered to, or the settlement will not be binding. While oral agreements are usually binding, the risk of misunderstandings means that it is invariably best practice to record the agreement in writing. The chapter then looks at the different methods of recording settlement agreements, including exchange of letters, contract or deed, interim order, consent order, and Tomlin order. Ultimately, when drawing up the agreement, it is important not to overlook how any existing proceedings are to be dealt with and on how the costs are to be paid.