If parties are successful in reaching an agreement at the end of a long day (or more) of mediation, one of the final challenges is preparing a written document everyone can sign to capture the terms of the settlement.
One difficulty is to make it detailed enough to cover all of the essential terms, without leaving any loose ends.
Another is to avoid getting bogged down with overly complex legal drafting that can simply open up new issues or unravel a still-fragile agreement.
The more complex the settlement, the more difficult it is to balance these two competing challenges. It’s . . . [more]