Negotiating and Drafting Settlement Agreements

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. When the context presents special issues, they will be specifically addressed. 2. Severance Agreements . Upon termination of an employee s employment, most employers provide severance benefits, typically in exchange for a release of claims against the employer.

when the document is ready,2 what terms are covered, and what language is used to express those terms. Preparing the first draft can be a tactical benefit, especially in negotiating terms

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