CHICAGO, June 12, 2018 — Settlement agreements resolve cases far more frequently than trials do. Thus, attorneys must be prepared to craft agreements that optimally address the issues between the parties while complying with statutes, published decisions and rules of court. “Crafting Effective Settlement Agreements: A Guidebook for Attorneys and Mediators,” co-published by the American Bar Association Business Law and Dispute Resolution Sections, provides practical advice on drafting settlement terms, reviewing proposed boilerplate provisions, identifying win-win nonmonetary terms even in “money only” cases and ensuring both the durability and enforceability of settlements.
“Crafting Effective Settlement Agreements,” authored by California appellate court attorney Brendon Ishikawa, provides comprehensive and practical guidance for attorneys regardless of whether the case has not yet been filed or has already resulted in a jury verdict. Mediators too will find this a relevant and insightful resource for the process of facilitating a finalized settlement agreement.
This desk reference helps attorneys and mediators:
- Ensure an optimal drafting process and result for settlement
- Analyze the practical implications of proposed settlement terms
- Avoid potential legal and practical pitfalls that lurk unseen in the drafting process
- Understand the myriad legal requirements for settlement agreements
- Navigate complex interpersonal dynamics of people with opposing interests
- Identify problematic settlement agreement terms and avoid malpractice
- Explore ethical issues that can arise during the settlement process
- Select options most likely to make a settlement agreement durable and enforceable
About the author: Ishikawa is certified as a specialist in appellate law by the State Bar of California Board of Legal Specialization and has practiced appellate law for more than 20 years. He serves as lead appellate court attorney at the California Court of Appeal, Third District.
Ishikawa is coauthor, with Dana Curtis, of “Appellate Mediation: A Guidebook for Attorneys and Mediators” (ABA 2016). He is also the author of “Appellate Mediation in California Civil Appellate Practice” (Cont. Ed. Bar 2017).
Publisher: Business Law Section and Dispute Resolution Section
Product Code: 5070753
Size: 6 x 9
Orders: 800-285-2221 or ShopABA.org
Editor’s note: Author interviews and review copies of this book are available by emailing Katrina Krause at Katrina.Krause@americanbar.org. If you publish a review of this book, please send tear sheets or a copy for our files to Katrina Krause, ABA Book Publishing, 321 N. Clark St., Chicago, IL 60654.
ABA Legal Fact Check seeks to help the media and public find dependable answers and explanations to legal questions and issues. Go to www.abalegalfactcheck.com and follow us on Twitter @ABAFactCheck.
With more than 400,000 members, the American Bar Association is one of the largest voluntary professional membership organizations in the world. As the national voice of the legal profession, the ABA works to improve the administration of justice, promotes programs that assist lawyers and judges in their work, accredits law schools, provides continuing legal education, and works to build public understanding around the world of the importance of the rule of law. View our privacy statement online. Follow the latest ABA news at www.americanbar.org/news and on Twitter @ABANews.