Begin with your objectives. Explain which outcomes are essential and which are negotiable. Consider timing, affordability, ongoing relationships, and the effect of continuing the dispute.
Review the whole proposal
Bring the full settlement draft and prior versions. Highlight terms you do not understand. Ask counsel to explain payment obligations, releases, confidentiality language, dismissal requirements, and any consequences of nonperformance that appear in the proposal.
Compare practical alternatives
Ask about the work, expense, uncertainty, and time involved if the matter continues. Your attorney can help assess those considerations using the evidence and procedural status of the case. No settlement comparison can promise a future result.
Clarify implementation
Identify who will sign, make payments, exchange documents, and handle court filings. Keep the executed agreement and a record of performance together. A settlement is easier to administer when responsibilities are clear.
Settlement and case management continue together
The California Courts case-management guidance describes preparation and communication obligations as a case moves toward trial. Settlement discussions should be coordinated with those obligations and any court orders. Ask who will handle each pending event if an agreement is reached.
What should I check beyond the dollar amount?
Identify exactly who is released, which claims are resolved, when performance is due, and what happens if a party does not comply. Confirm whether signatures from additional parties are needed. Keep a final signed copy and a checklist of future steps, rather than relying only on a message saying the matter is settled.
Further reading
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