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1. Parties: Identifies and defines all parties to the agreement, including their legal status and contact details
2. Background: Outlines the context of the dispute and the parties' intention to explore settlement
3. Definitions: Defines key terms used throughout the agreement
4. Purpose and Scope: States the objective of the pre-settlement agreement and its scope
5. Duration and Termination: Specifies the time period for settlement negotiations and conditions for termination
6. Confidentiality: Details obligations regarding confidentiality of negotiations and information shared
7. Without Prejudice: Confirms that discussions and proposals are without prejudice to legal rights
8. Good Faith Negotiations: Commits parties to negotiate in good faith toward a final settlement
9. Information Exchange: Outlines the process for sharing relevant information between parties
10. Costs: Addresses how costs of the pre-settlement process will be handled
11. Governing Law: Specifies the applicable law and jurisdiction
12. Entire Agreement: Confirms this document represents the entire agreement regarding pre-settlement arrangements
13. Execution: Signature blocks and execution details
1. Mediation Provisions: Include when parties agree to use mediation as part of the settlement process
2. Expert Determination: Include when technical matters require expert evaluation
3. Standstill Agreement: Include when parties agree to pause legal proceedings during negotiations
4. Third Party Rights: Include when other parties' rights might be affected by the settlement
5. Insurance Company Involvement: Include when insurers are involved in the settlement process
6. Interim Arrangements: Include when temporary arrangements are needed during negotiations
7. Partial Settlement Provisions: Include when parties may settle some issues while reserving others
8. Language Requirements: Include for agreements in Quebec or involving multiple languages
1. Schedule A - Dispute Summary: Detailed description of the underlying dispute and claims
2. Schedule B - Document List: List of documents to be exchanged during negotiations
3. Schedule C - Timeline: Proposed timeline for negotiations and key milestones
4. Schedule D - Contact Details: Complete contact information for all parties and representatives
5. Appendix 1 - Negotiation Protocol: Detailed procedures for conducting settlement negotiations
6. Appendix 2 - Confidentiality Terms: Detailed confidentiality obligations and procedures
7. Appendix 3 - Form of Settlement Agreement: Template or key terms for the final settlement agreement
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