Tip 5: Agreements

It is really helpful if advisers work collaboratively on the terms of an emerging resolution or settlement agreement in advance. This can become almost self-fulfilling in the sense of helping to build momentum and confidence – and may also remove the burden of lengthy drafting sessions after a deal has been reached.

It is also helpful to decide in advance what is needed to record an agreement: a full contract? a joint minute? an email exchange? a letter?