Originally from Alternatives to the High Cost of Litigation

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The following elements should be included in any document executed by the participants at the conclusion of the mediation session when further documentation is going to be drafted. If an action is to be taken, the person responsible should be named.

1. Title
Document title to include words such as full, final, binding, enforceable, settlement, terms, conditions, or agreement. For example, “Final, Binding and Fully Enforceable Settlement Terms and Conditions”; “Final and Binding Term Sheet”; or “Enforceable Settlement Agreement.”

2. Case or Dispute Identification Recitation of the case caption or other identifying characteristics of the dispute.

3. Parties
• Recitation of all parties, persons, and
entities to be bound.
• Addresses, notices and other document
formalities.