How to Guard Information During Negotiation

186300420If you’ve prepared well for a settlement negotiation, then you’ve already determined what information you won’t disclose to the other side. The trick is guarding that information in a way that doesn’t tip-off the other side to the fact that you’re being evasive. Continue reading

When You Can’t Settle, Consider a Mini-Trial

Boy (5-7) making pinching gesture, close-up of handA mini-trial is basically a sophisticated settlement conference. When you have complex questions of mixed law and fact, a mini-trial may be your best way forward. Continue reading

Size Up Your Adversary

ThinkstockPhotos-494299501When it comes to litigating a case, your client’s objectives are only half the story. If you want to gain an advantage, you’ll also need to successfully assess your adversary’s goals, capabilities, and willingness to fight. Continue reading

4 Tips on How to Be Both Assertive and Effective in Settlement Negotiations

78163628One of the key components of the opening phase of a negotiation is articulating your client’s intentions, needs, and hopes regarding a settlement. You can strongly assert your client’s point of view in a way that also fosters an atmosphere conducive to settlement. Continue reading

Plaintiffs: Reject §998 Settlement Offers at Your Peril

170446161Last week on CEBblog™, we discussed the consequences of a defendant rejecting a settlement offer under CCP §998 and then getting creamed at trial. But §998 is an equal opportunity statute with consequences for plaintiffs too. Continue reading

Defendants: Reject §998 Settlement Offers at Your Peril

170446161Here’s a cautionary tale for all those defense attorneys who don’t take §998 settlement offers seriously enough. Continue reading

Think Creatively about Settlement Options

462604973In the vast majority of cases, there are more options for settlement than meet the eye. Having more options on the table increases the likelihood of finding one that is mutually acceptable. This is your chance to get creative! Continue reading

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