In California, fewer than 5% of civil cases filed actually go to trial. Some actions are dismissed or terminated on motion, but most cases settle. Given this reality, you need to be ready for a successful mediation. (more…)
Filed under: Employment Law, Legal Topics, Litigation Strategy, Settlement Negotiation | Tagged: employment, mediation, negotiation, settlement, wrongful termination | 7 Comments »
Settlement negotiations rarely proceed in a smooth forward motion; in fact, most feel more like a ride in a bumper car with a jerky stop and start motion. A good negotiator learns to move past the inevitable impasses. (more…)
Filed under: Civil Litigation, Legal Topics, Litigation Strategy, Practice of Law, Settlement Negotiation | Tagged: impasse, mediation, negotiation, settlement | 1 Comment »
After you’ve settled a case and prepared the final settlement papers memorializing the agreement, all that’s left for the parties to do is execute that agreement. You’re close to the finish line—don’t slack off yet! (more…)
Filed under: Civil Litigation, Legal Topics, Litigation Strategy, Settlement Negotiation, Young Lawyers | Tagged: execution, mediation, settlement, settlement agreement, signatures | Leave a Comment »
Congratulations, you’ve reached a settlement! Now you need to set it out in the final settlement documents. You need to include all the terms on which the parties have agreed, as well as terms to make it enforceable. To help make sure you don’t miss anything, here’s a checklist of 14 common settlement terms. (more…)
Filed under: Civil Litigation, Legal Topics, Litigation Strategy, Settlement Negotiation | Tagged: drafting settlement agreement, mediation, settlement, settlement agreement, settlement terms | 3 Comments »
Structured settlements — under which a plaintiff compromises a personal injury claim in exchange for a promise of periodic payments for a specified period — are very common in personal injury actions. But it may not be right for every plaintiff. (more…)
Filed under: Civil Litigation, Legal Topics, Litigation Strategy, Settlement Negotiation, Tort Law | Tagged: annuity, lump sum settlement, personal injury, settlement, structured settlement | 5 Comments »
Negotiations rarely proceed as smoothly or swiftly as we first envision. This is partially because settling a case requires finding a result that satisfies both parties, yet litigators are trained to be zealous advocates for their clients and their clients alone. Instead of thinking how much you can get for your client relative to how much your counterpart can get for his or her own, try thinking in terms of how much more you could both get for your clients relative to litigating in court.
Filed under: Litigation Strategy, Practice of Law, Settlement Negotiation | Tagged: negotiation, problem-solving, settlement | 6 Comments »
The “legal ethics of negotiation” can be a difficult topic. Certain issues are plain enough: An attorney cannot knowingly commit, counsel, or assist fraudulent conduct. The tougher issue is defining what counts as fraud. (more…)
Filed under: Business, Civil Litigation, Legal Topics, Litigation Strategy, Practice of Law, Settlement Negotiation | Tagged: fraud, legal ethics, negotiation | 3 Comments »
Whether it happens informally on the telephone or in a more formal face-to-face meeting, the beginning of a negotiation can be critical to its success. First words and impressions are lasting; if you get off to the wrong start, it can erode trust, dampen optimism about the outlook for settlement, and increase the probability of deadlock. (more…)
Filed under: Civil Litigation, Legal Topics, Litigation Strategy, Practice of Law, Settlement Negotiation | Tagged: alternative dispute resolution, negotiation, opening, settlement | 2 Comments »
When you are looking to settle a case or work out a deal before a case is even filed, money is usually the predominant component of the settlement package. This means that during settlement negotiations you will have to play the numbers game as you bargain about money. (more…)
Filed under: Litigation Strategy, Settlement Negotiation | Tagged: negotiation, reservation point, settlement, target point | 1 Comment »
Before negotiating a settlement, it is worthwhile to think about the client’s purpose in settling. Is it to right a wrong? To avoid litigation at whatever expense? To protect the client’s reputation or ensure confidentiality? Is it a combination of purposes? There are many valid reasons to settle a case, but they should be pursued only after counsel and client have considered a more fundamental purpose. (more…)
Filed under: Litigation Strategy, Settlement Negotiation | Leave a Comment »
