Brian Shaw discusses the challenges attorneys face during lengthy mediation sessions and emphasizes the importance of promptly documenting mediated settlements in a Law360 article.

Brian discusses a Chapter 13 case, In re: Legarde, where the parties spent 7½ hours in mediation, reached a resolution, and signed a detailed settlement term sheet. Despite this, the debtor subsequently declined the settlement, prompting a motion for enforcement. The court ruled in favor of the plaintiff, highlighting the significance of the executed settlement term sheet.

In the article, Brian emphasizes the importance of documenting mediated agreements which helps avoid evidentiary issues, ensuring the enforceability of settlements, and preventing potential setbacks due to buyer's remorse.

“That is why the terms of a mediated agreement should be put down on paper before the parties leave mediation. And that is why, at the end of a long day of mediation, it pays for you and your client to follow the cordial advice of [singer/songwriter Maurice] Williams, and 'stay, just a little bit longer,'” Brian states.

To read the full article, click here.