FEATURE ARTICLE
I Settled My Case! Now What? Key Points on Drafting an Enforceable Settlement Agreement at Mediation By Robert Jacobs
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he posturing, negotiations, drama and stress are over. The mediation was successful. You’ve settled the case. Now what? Nobody wants to settle a case only to have the settlement fall apart later on. Everybody wants a settlement that sticks. But no settlement is bulletproof. We all know what happens. Parties settle their case – and
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then (assuming no confidentiality agreement) they go home and talk about it with their parents, their children, their siblings or their friends. Sometimes these are happy conversations. Other times not so much. Buyer’s remorse (and settler’s remorse) can be a real thing. What happens when someone regrets settling a case because after talking it over they think they paid too much – or accepted too little?
SACRAMENTO LAWYER | Summer 2021 | www.sacbar.org
Robert Jacobs is the principal of Law Office of Robert B Jacobs. After litigating for more than 30 years, he now mediates challenging real estate, business, construction, personal injury, trust and probate cases. He can be reached at bob@attorneymediator.com.
What do they do then? Lawyers are paid (in part) to dissect documents and look for loopholes and imperfections. We are paid to fight, and if our client wants to back out of a settlement, then we may end up placing a magnifying glass over the written settlement agreement in an effort to break it up. After all, a settlement agreement is – well – an agreement, which means it’s a contract. And
