Are We There Yet?

You began the mediation or negotiation with energy, focus, and drive.  You presented your position and listened to the other guy.  Now, after hours of back-and-forth, the deal is almost done, save for signing an agreement.  But, it’s late, your energy is gone, and you’re focused on driving home.

Wait!  Don’t leave yet!  “Don’t put off for tomorrow what can (and should) be done today.”

Someone else like you recently succeeded on a simple, two-page “Term Sheet” at the end of a single-day, 12-hour mediation.  That Term Sheet was the best thing between efficiently winning a multi-million dollar dispute and potentially losing in litigation.

Next time you close a deal, get the essential terms on paper and signed by all parties before it’s Miller Time.  Essential terms may include: price, time for payment, releases, warranties, confidentiality terms, and signatures.  You’ll avoid headaches and needless cost when you do.

If possible, draft an agreement among all parties before the mediation or negotiation session begins so you’re not doing it with a foggy head in the wee hours of the morning.

LongView International Technology Solutions, Inc. et al., v. Terry Lin, et al., Record No. 160228 (Va. Supreme Ct., April 13, 2017).

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