Drafting a Settlement Agreement Checklist (Federal) ✔ Retain relevant documents. ✔ Decide whether (and when) to make offer. ✔ Evaluate the reasons for settling. ✔ Assess motivating factors to settle. ✔ Confirm client's ability to settle. ✔ List all covered parties. ✔ List all legal issues to be settled.
The agreement must be in writing. The agreement must relate to a particular complaint or particular proceedings. The employee must have received independent legal advice on the agreement and in particular on its effect on their ability to pursue the statutory rights in question.
At the outset of settlement negotiations, list all individuals and entities—both for the plaintiff and the defendant—that the agreement will cover. ✔ List all legal issues to be settled. List all claims your adversary may legally release via settlement. Verify the agreement covers these claims.