A common definition of mediation is a process with an impartial neutral who assists the parties in resolving a dispute. In most civil litigation mediations, the goal is a final settlement agreement. Mediators conclude a session where an agreement has been reached with a written memorandum. Commonly, the parties then leave the session with the intent to finalize the settlement with a more substantial written agreement, using that memorandum as a guide.

That doesn’t always happen. Litigators know there is nothing more disheartening than reaching an agreement at mediation—which may take hours or even days—only to have the resolution fall apart because of a disagreement over the final terms. Similarly, litigators know that “boilerplate,” or “standard,” settlement agreement provisions may fit in one case but not another.