Negotiating and drafting a settlement agreement—checklist

Copyright © 2025 LexisNexis

Published by a LexisNexis Dispute Resolution expert

Checklists

Negotiating and drafting a settlement agreement—checklist

Copyright © 2025 LexisNexis

Published by a LexisNexis Dispute Resolution expert

Checklists

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This Checklist is designed to highlight issues commonly arising during the negotiation and drafting of a settlement agreement.

For guidance on how to negotiate, document and draft a settlement agreement, see Practice Notes:

•
Settling disputes—negotiation strategy
•
Settling disputes—how to document a settlement
•
Settling disputes—drafting the settlement agreement

For example draft settlement agreements, see Precedents:

•
Draft Settlement agreement—pre-action settlement
•
Draft Settlement agreement—for settling disputes post-commencement of proceedings

Issue	Key consideration	Content links
When to seek settlement?	Ensure that settlement is a consideration throughout all stages of a dispute, including pre-action. Ensure this includes consideration of the different options available for settlement, eg direct negotiation and agreement between the parties / their legal advisers (including consideration as to whether a Part 36 offer is appropriate) or some form of assisted alternative dispute resolution (ADR) procedure, such as mediation.Check whether there are any contractual obligations on the parties with regard to settlement, eg the inclusion of a stepped dispute resolution procedure in the contract.Check whether any pre-action protocol requirements provide for settlement efforts.	—Settling

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