The following is a guest blog post by Teddy (Theda) Snyder. Ms. Snyder is based in Los Angeles and conducts civil and workers compensation mediations throughout California.
Starting January 1, 2019, attorneys must ask clients to acknowledge in writing that they have been fully informed about the rules of mediation confidentiality. SB 954 amends Evidence Code §1122 and adds §1129 (Stats 2018, ch 350). You can create your own form, but you’ll probably use a version of the “safe harbor” form in §1129.
Skilled negotiators focus more on questioning than on answering. Sharpen your negotiation skills with this review of effective questioning techniques and sample helpful questions. Continue reading
When you’re negotiating settlement of an employment action, you have much more to consider than just “how much money.” There are many nonmonetary remedies that can—either alone or combined with money—bring the parties to agreement. And how money is paid out can also be a good bargaining chip. Continue reading
When arguing over money, negotiators often put pressure on the side that’s conceded less by claiming that it is only “fair” for both sides to concede in roughly equal amounts. “Look how much we came down,” they will say. A variant of this strategy is the proposal to “split the difference” after you’ve negotiated for some time and then reached an impasse. Both tactics are difficult to resist. Here are a couple of considerations that may help you stand your ground. Continue reading
Negotiation skills are one of those things that lawyers tend to think they have innately. But actually, negotiations skills are learned and honed over time and practice. As you engage in your next settlement negotiation, use this checklist to be sure you don’t miss an opportunity. Continue reading
When 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
Skilled 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
You’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
Conducting 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
The 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