Negotiating Settlement Agreements: An Employees’ Lawyer’s Perspective

Wayne N. Outten, chapter in How ADR Works, BNA Books, 2002. This section of the chapter addresses negotiating and drafting settlement agreements for employment disputes. Settlements may come from direct negotiations between the parties (or their respective counsel), from mediation, or from negotiations before or during arbitration proceedings. In all of these contexts, many substantive issues, and thus many negotiation and drafting issues will be similar. When the context presents special issues, they will be specifically addressed.