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Civil Litigation Legal Topics Litigation Strategy Practice of Law Settlement Negotiation

5 Tips for Kicking Off a Successful Negotiation

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.

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Litigation Strategy Settlement Negotiation

The Negotiation Numbers Game

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.

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Litigation Strategy Settlement Negotiation

Something to Chew on Before Biting into a Settlement

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.