We’ve all been there: you have spent a long day negotiating or mediating a settlement to a contentious lawsuit or business conflict. You have agreed upon the essentials of the deal. You are tired, hungry, and perhaps a bit miffed at your adversary. But now you need to draft the details of a binding agreement to achieve peace and finality. What must you do to get this done right and avoid needless, further litigation or argument over what the parties intended? Let me offer a few random thoughts.
Drafting a solid agreement is hard but necessary work, especially after a long day. But if you were prepared going into your negotiation or mediation and afterwards take the time to do it right, despite fatigue, hunger, and upset at your adversary, you can get lasting peace and finality.