Settlement: It’s Not All About Money

ThinkstockPhotos-543045702When it comes to settlement negotiations, money is usually not the entire picture. Parties generally have more than just cash to offer; it’s a question of coming up with the right combination of incentives. Continue reading

Should You Make the First Settlement Offer?

ThinkstockPhotos-488306818Skilled negotiators disagree on whether it’s better to make the first offer or demand, or to let the other side go first. Although the correct approach will likely vary from case to case, in the context of settling litigation, it’s often advisable to have the other side open. But there are times to take the first plunge. Continue reading

Settling a Car Accident Case: Drafting Your Demand

ThinkstockPhotos-84461514You’re representing someone injured in a car accident and you’ve reached the point at which you’re ready to send a demand letter to communicate a settlement offer to the defendant’s insurance carrier. But what should that letter include? To get you started, here are some sample provisions to include in your letter as well as drafting suggestions. Continue reading

How to Make Your Negotiations More Efficient

ThinkstockPhotos-179694134Conducting settlement discussions without an agenda is like driving to an unfamiliar destination without a map: It’s possible, but not very efficient. If time and professionalism are valuable to you, conduct your negotiations with an agenda. Continue reading

7 Tips for Improving Any Negotiation

negotiate_83017290The following is a guest blog post by Helen Leah Conroy of Piedmont Law Partners. Ms. Conroy negotiates and drafts complex agreements for companies that provide internet-based services. She specializes in in-bound and out-bound service agreements, with extensive expertise in global outsourcing deals.

Most people, including many lawyers, simply don’t like to negotiate. This often results in hurrying through negotiations just to escape the pressure, at the expense of the best possible outcome. It doesn’t have to be this way. The next time you’re involved in a negotiation, review and keep in mind these seven tips and you’ll be much more effective and may even enjoy the process! Continue reading

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

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