Mediation & Settlement Negotiation

Most disputes are resolved by agreement, not by judgment. The question is usually when — before costs are incurred and relationships are damaged, or after years of proceedings that leave both sides worse off.

Wise Counsel represents clients in structured negotiation and mediation, and drafts settlement agreements that are enforceable and actually bring the matter to an end.

What we help with

• Assessing the realistic outcome at trial as the benchmark for any settlement
• Advising on timing — when negotiation strengthens your position and when it weakens it
• Representing clients in commercial mediation and conciliation
• Court-annexed conciliation before and during proceedings
• Structuring settlements involving payment schedules, security and staged performance
• Drafting settlement agreements, releases and confidentiality terms
• Advising on how to make a settlement enforceable, including recognition by the court
• Advising on tax and accounting treatment of settlement payments
• Enforcing a settlement where the other side fails to perform

A settlement is only worth what it can be enforced for. We negotiate with the enforcement stage already in mind.