Each settlement reached during a mediation should be reduced to a written settlement memorandum. A written settlement memorandum is especially important in multi-party construction cases where agreed rights and obligations flow to and from numerous parties.

Don't expect the mediator to draft the settlement agreement. Rather, the parties who have agreed to settle their differences and their attorneys are responsible for accurately reducing to writing the terms of the settlement. Prudent mediators will spurn invitations to draft settlement agreements, lest they become a party to a future mediation.