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1. Parties: Identification of all parties to the settlement agreement, including full legal names and addresses
2. Background: Brief description of the dispute, reference to the mediation process, and intention to settle
3. Definitions: Definitions of key terms used throughout the agreement
4. Settlement Terms: Detailed description of the agreed-upon settlement terms and obligations of each party
5. Release: Mutual release of claims related to the dispute
6. Confidentiality: Obligations regarding confidentiality of the settlement terms and mediation process
7. Enforcement: Provisions regarding the binding nature of the agreement and enforcement mechanisms
8. Representations and Warranties: Statements by parties regarding their authority to enter into the agreement and understanding of its terms
9. General Provisions: Standard clauses including governing law, entire agreement, amendments, and severability
10. Execution: Signature blocks and execution requirements
1. Payment Terms: Include when settlement involves monetary compensation, detailing payment amounts, schedule, and method
2. Non-Disparagement: Include when parties agree not to make negative statements about each other
3. Non-Admission: Include when parties wish to specify that the settlement does not constitute admission of liability
4. Tax Implications: Include when settlement involves significant monetary compensation requiring tax consideration
5. Continuing Obligations: Include when settlement requires ongoing performance or cooperation between parties
6. Insurance Provisions: Include when settlement involves insurance claims or coverage
7. Return of Property: Include when settlement requires exchange or return of property or documents
8. Future Dispute Resolution: Include when parties want to specify how future disputes related to the settlement will be handled
1. Schedule A - Payment Schedule: Detailed breakdown of payment terms, amounts, and dates if settlement involves monetary compensation
2. Schedule B - Released Claims: Comprehensive list of claims being released as part of the settlement
3. Schedule C - Performance Obligations: Detailed description of specific actions or obligations required by either party
4. Schedule D - Confidential Information: Definition and scope of confidential information covered by the agreement
5. Appendix 1 - Original Dispute Documents: Reference to original dispute documentation or court filings
6. Appendix 2 - Mediation Agreement: Copy of the original agreement to mediate
7. Appendix 3 - Supporting Documents: Any relevant supporting documents referenced in the settlement terms
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