It is usually desirable to complete the written document on the same day as the mediation so that the parties can leave knowing that the deal is done. However, if either party is uncertain or if clarification of issues is required it is possible to finalise the deal at a later time. It is crucial that the client understands if a final agreement has been reached or not, and that an 'agreement to agree' is not binding. Very often the terms of settlement are agreed orally, but it may take several more hours work to finalise the written terms. On occasions it is appropriate to put into writing 'heads of agreement', which are signed on the day and are binding, and which are subject only to the final wording being agreed.
Clients often find the period after oral agreement but prior to written agreement very trying.
They will have expended considerable emotional energy, they will be tired, and they become anxious that their hard-fought deal is floundering because the lawyers are taking a long time over the paperwork. Reassure your client in advance, remind them that it can take time, and make sure they stay just in case a problem is encountered. 1999 Consensus Mediation. All rights reserved.