Negotiating and Drafting Settlement Agreements

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Excerpt from "Chapter 16. Representing the Executive" by Wayne R. Outten, appearing in Executive Compensation, editors Yale D. Tauber and Donald R. Levy, copyright 2003 The Bureau of National Affairs, Inc. Reprinted by permission. IV. Negotiating AND Drafting Settlement Agreements A. OVERVIEW 1. The Context of the Settlement . 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.

B. SEVERANCE AGREEMENTS – SPECIAL ISSUES 1. Generally. As discussed earlier, a severance agreement is a type of settlement agreement. Typically, severance agreements are prepared unilaterally by the employer’s counsel and

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