ABA publishes new book on crafting effective settlement agreements

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

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).



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