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[Music] commercial contract dispute preparing settlement agreement key points you should know when drafting a settlement agreement in most cases the dispute clause in the commercial contract sets out the requirement for the contracting parties to resolve the dispute within a certain period before having the conflict settled by a court or arbitration it is prudent to record the terms of the agreement in writing to obtain both certainty and finality the concept of settling a dispute is straightforward but the task of documenting a settlement can be complex this article sets out a checklist to bear in mind when drafting a settlement agreement when making the preparation for a settlement from the beginning of the case you should generally do all of the following 1. evaluate the arguments claims and demands from the client and its counterpart to know the cause of the conflict and understand the client and its counterparts point of view you have to evaluate the disputing parties arguments cl