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Focus (Forum & Focus)

Sep. 21, 2007

Enforcing Agreements

Focus Column - By Eleanor Barr - Ending a long day of mediation by establishing basic agreements on a term sheet can be tempting, but the results are frequently devastating.

FOCUS COLUMN

By Eleanor Barr

      Imagine this scenario: You have spent a full day representing a client in mediation, and after eight long hours, the parties have agreed to a settlement. In order to reap the benefits of your hard work, you want to memorialize the settlement. But you are tired and want to end the day quickly. You decide to jot down the basic terms on a term sheet and include a provision that the parties will enter ...

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