Because informal agreements can unravel. A written document provides certainty and prevents later disputes.
Most Alternative Dispute Resolution (ADR) processes end with some type of agreement.
Whether the resolution is reached through mediation, arbitration or a private FDR, the outcome needs to be recorded accurately to ensure it can be implemented. This is where effective drafting becomes essential.
Drafting is the final and often most critical stage of any ADR process. It translates what the parties have agreed into a clear and enforceable document.
This could be a short contract, a detailed settlement agreement or a consent order approved by the Court.
Without clear drafting, even well-negotiated agreements can fall apart, leading to litigation, increased costs and delays, negating the benefits of ADR. Ambiguities or omissions can lead to further disputes or enforcement problems later.
A properly drafted document avoids uncertainty, protects both sides and ensures that the resolution achieved through ADR is fully effective in practice.
At Trinity ADR, our barristers regularly assist in drafting settlement agreements, compromise agreements, determinations and orders following mediation, arbitration or private FDRs. With expertise across commercial, employment, family and cross-border matters, we ensure that the final document reflects the parties’ intentions and complies with any necessary procedural or legal requirements.
Proper drafting turns an agreed outcome into a clear, practical and enforceable document so everyone knows exactly where they stand.
Drafting & Settlement Agreements — FAQs
Why is specialist drafting needed in ADR cases?
What kinds of documents are used?
Settlement agreements in commercial cases, consent orders in family matters, and deeds or contracts recording the outcome of ADR.
Often, one of the barristers involved. If needed, Trinity ADR can prepare the document or work with solicitors and the parties involved to finalise it.
Do all agreements need Court approval?
Not all. Family finance agreements usually require Court approval. Commercial settlements typically only need signatures from the parties.
How do we arrange this support?
Speak to our clerks. They can explain what form the agreement should take and arrange for it to be drafted.
Can the agreement be enforced later if one party doesn’t comply?
Yes. Depending on the circumstances and type of ADR involved, properly drafted agreements or consent orders can be enforced through the Courts if necessary. Trinity ADR can also assist with reviewing or enforcing previous settlement terms.
What if circumstances change after the agreement is made?
Depending on the nature of the ADR and subsequent agreement, amendments may be possible with the consent of both sides. Our team can advise on varying or updating existing terms where appropriate.
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Get in touch for a free, no-obligation consultation to explore your options and determine whether ADR is appropriate for resolving your dispute, with the option to meet remotely via video conference.