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Will you help draft our settlement agreement?

“Will you help me and the other participant to draft our settlement agreement?”

No. The drawing up of your Settlement Agreement is the joint task for your legal advisors based on what you have already agreed. The drafting stage sometimes unintentionally re-opens the negotiation, which is not part of my role. On the other hand, I am paid to provide help, so I do sometimes prompt participants to think about precautions. For example, checking they have named a company correctly or checking whether there is any absent third party who needs to be bound by the agreement for it to take effect. I might also float ideas such as “Do you want to build in some leeway on your time terms in case of unforeseen interruptions cropping up?” These suggestions will always be in the presence of all participants and their lawyers together.

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