Don't Run With Scissors
Seven Tips for Avoiding Inherently Dangerous Drafting Practices at the Eleventh Hour of a Construction Mediation Session
Construction Attorney Gregory Meeder and Litigation Attorney Lisa Kpor co-authored an article in the American Arbitration Association's Dispute Resolution Journal about the complex nature of construction disputes. Such disputes routinely compel design professionals, contractors, owners and insurers to seek resolution of their conflicts through mediation. At the conclusion of an extended mediation session, the parties and their counsel must be prepared to draft a mediation settlement agreement before the stakeholders and their counsel physically leave the mediation. It is vital that the drafters carefully craft an enforceable, binding and standalone term sheet, even if the parties intend to enter into a more comprehensive, formal settlement agreement with additional terms at a later date. Mr. Meeder and Ms. Kpor offer seven drafting tips to consider when preparing a settlement mediation agreement that will enhance the probability that the memorandum of agreement (MOA) or memorandum of understanding (MOU) will withstand judicial scrutiny as an enforceable and complete settlement agreement.