A practical workshop on turning mediated agreements into clear, precise and enforceable settlement agreements
4 September 2026 | 9:00 AM – 5:00 PM | Ciarb Kenya Secretariat, Flamingo Towers, Upperhill
A successful mediation is often celebrated at the moment the parties finally say, “We have reached an agreement.”
But that is not necessarily the end of the mediator’s work.
One of the most important — and sometimes overlooked — stages comes immediately afterwards: putting the agreement into writing.
A settlement may have been successfully negotiated, relationships may have been repaired, and the parties may have found common ground. Yet if their agreement is poorly documented, vague or incomplete, the dispute may not truly be over.
This practical workshop is designed to address one of the challenges mediators and ADR practitioners frequently encounter: how to accurately translate what parties have agreed into a clear, comprehensive and workable settlement agreement.
Mediators are trained to facilitate communication, manage difficult conversations and help parties find mutually acceptable solutions.
But once the parties reach consensus, a different skill is required.
The mediator must help ensure that the agreement reached in the room is properly captured on paper.
This is where many practitioners can struggle.
During a mediation, parties may use informal language such as:
“I will pay the amount.”
“We can settle this over three months.”
“The business will be transferred.”
“We will keep everything confidential.”
“Once payment is made, the matter is finished.”
These statements may appear clear during a conversation. But when converted into a formal settlement agreement, important questions immediately arise:
How much will be paid?
When exactly must payment be made?
In what instalments?
What happens if payment is late?
Who is responsible for each obligation?
What constitutes full performance?
What happens if one party fails to comply?
What does confidentiality actually cover?
How will the agreement be implemented?
What happens if a dispute arises about the settlement itself?
This is the gap between reaching an agreement and properly documenting an agreement.
Settlement drafting can be challenging because mediators must balance several considerations at once.
Mediation is conversational. Settlement agreements are contractual documents.
The language used during a mediation may be perfectly understandable to the parties but may not be sufficiently precise when reduced to writing.
A mediator therefore needs to know how to transform broad statements of intention into specific, measurable and workable obligations.
There is a danger of either leaving something out or adding something that was never agreed.
A settlement agreement should accurately reflect the parties’ consensus.
The challenge is knowing how to ask the right questions to ensure that nothing material has been overlooked before the parties sign.
Words such as “soon,” “reasonable time,” “promptly,” “substantial payment” or “as agreed” may seem harmless.
But ambiguity can create problems later.
A well-drafted settlement agreement should, where appropriate, establish who must do what, by when, how and under what conditions.
What happens when one party does not perform?
This is one of the most important questions that should be considered before the settlement is signed.
A settlement agreement that clearly addresses default can reduce uncertainty and provide a clearer framework for dealing with non-compliance.
Parties may agree on the major terms but overlook smaller details that become significant later.
Payment schedules, timelines, documentation, confidentiality, releases, implementation obligations and consequences of default can all become sources of disagreement if they are not properly considered.
You do not need to become a lawyer to become better at settlement drafting.
But as a mediator or ADR practitioner, you need to understand how to identify the important elements that should be captured in a settlement agreement.
This workshop is designed to give you the practical framework to do exactly that.
Rather than simply discussing what a settlement agreement is, participants will work through the process of moving from:
“We have agreed” → “What exactly have we agreed?” → “How should we write it?” → “Does the document actually work?”
Participants will explore the essential components of an effective settlement agreement, including:
A mediator’s role is not simply to help parties reach consensus.
The mediator must also appreciate whether the consensus reached can be clearly translated into practical commitments.
This requires asking better questions.
Instead of simply recording:
“The parties have agreed that payment will be made.”
A skilled practitioner should be thinking:
These questions help transform a general understanding into a settlement that is much less likely to generate another dispute.
The purpose of mediation is ultimately to help parties resolve their dispute.
If the settlement agreement is unclear, the parties may leave the mediation believing that the matter is over, only to return later because they disagree about what they actually agreed.
A successful mediation deserves a successful settlement document.
A well-structured settlement agreement can reduce uncertainty by clearly setting out the parties’ obligations and expectations.
It can help answer the most important question after mediation:
“What happens next?”
Mediators regularly encounter different types of disputes, parties and settlement arrangements.
Strengthening settlement drafting skills enables a mediator to approach the conclusion of a mediation with greater confidence and professionalism.
The settlement agreement is the written expression of the parties’ consensus.
If the document does not accurately reflect what was agreed, the value of the mediation outcome can be undermined.
Good drafting therefore supports the mediator’s wider objective: helping parties achieve a durable resolution.
This workshop is designed to be practical and skills-focused.
Participants will have the opportunity to examine settlement agreements, identify weaknesses, consider how clauses could be improved and practise converting negotiated terms into properly structured written provisions.
The objective is not simply to tell you what makes a good settlement agreement.
It is to help you develop the ability to recognise drafting problems and solve them.
By the end of the workshop, participants should be better equipped to:
Ask the right questions.
Identify what is missing.
Spot ambiguity.
Clarify obligations.
Anticipate potential areas of disagreement.
Document the parties’ agreement more effectively.
The workshop is particularly relevant for:
Certified Mediator & Mediation Tutor
Representative, Court-Annexed Mediators, Kajiado Law Courts
The facilitators will bring practical experience and a practitioner-focused approach to the workshop, helping participants understand not only what should be included in a settlement agreement, but also how to approach common drafting challenges.
Workshop: You’ve Reached an Agreement — But Is It Properly Drafted?
Date: 4 September 2026
Time: 9:00 AM – 5:00 PM
Venue: Ciarb Kenya Secretariat, Flamingo Towers, Upperhill
Fee: KSh 5,000
M-Pesa Paybill: 975743
Account: WORKSHOP
A mediator can help parties move from conflict to consensus.
But consensus only becomes a practical resolution when the agreement is clearly understood, properly documented and capable of being implemented.
Do not let a successful mediation end with an agreement that creates new questions.
Join us on 4 September 2026 and sharpen one of the most important skills in mediation: turning consensus into a clear, precise and effective settlement agreement: https://forms.gle/hfByzLNhQpmUpZ7L7
Because the words “We have agreed” are only the beginning. The real skill is knowing how to write what they agreed.
CIArb Kenya Branch Chairman FCS Jaqueline Waihenya expresses her deepest gratitude to all the valued partners, fellows, and members who attended the significant event of celebrating 40 Years of Excellence
Research, Development and Innovation Assistant Murithi Antony is the Research, Development and Innovation Assistant at the Chartered Institute of Arbitrators (CIArb), Kenya Branch, where he leads the Branch’s research, knowledge
The countdown is on! Only 08 days remain before the Early Bird registration deadline for the TAKUKA 2026 Conference. If you have been waiting for the right moment to secure
Build the Skills to Become a Professional Mediator 17–24 November 2026 | Training25–26 November 2026 | Accreditation AssessmentIn-Person | Venue to be communicated Disputes are inevitable — but how we
