Keep settlement versions separate while the offer changes

Several emails can create several different deals

An offer marked without prejudice is followed by a revised amount, a changed payment date and an amended attachment. Before replying, establish which version is currently being discussed. Do not combine the best features of different proposals and assume the other side has offered that package. Ask your lawyer about the legal effect of the exchange.

Save each proposal intact

Imagine a contractor negotiating a disputed final account. The first offer is a lump sum, the second uses instalments and the latest draft adds a release. Keep each email with its own attachments and date. Avoid overwriting an earlier document with a new copy carrying the same filename, because that can hide what changed between proposals.

Create a comparison for advice

Record the amount, timing, conditions, parties and response date stated in each version. Mark unanswered questions separately. business.gov.au recommends protecting records from alteration or damage and keeping backups. Preserve the originals while using a working comparison to help your adviser identify differences. The comparison is a guide to the documents, not a substitute for reading them.

Source: business.gov.au: Record keeping

Distinguish proposal from agreement

Label internal notes accurately: received, under review, countered or awaiting advice. Do not mark a settlement as completed because both sides have discussed a similar number. Ask the lawyer what the communications mean and whether further formalities are needed. Avoid casual messages that could create uncertainty about whether the business intended to commit.

Coordinate the people responding

Nominate one authorised contact and keep advisers informed of calls as well as written exchanges. In the contractor's example, a director's separate conversation about a payment date could otherwise be missed when the amended deed is reviewed. Record the substance promptly and ask how any clarification should be communicated. Do not circulate sensitive negotiations more widely than necessary.

Check the final document against the decision

Before signing or giving a final response, compare the proposed final terms with the instructions approved by the business. Resolve mismatched amounts, dates or attachments through the adviser. Keep the completed agreement and performance records together. A disciplined version trail makes it easier to understand the bargain and identify what still needs to happen.