Posted on February 10, 2017 by Julie Brook, Esq.
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
Filed under: Civil Litigation, Employment Law, Legal Topics, Litigation Strategy, Settlement Negotiation | Tagged: employees, employers, employment actions, employment discrimination, employment litigation, negotiation, non-monetary settlement terms, settlement, wrongful termination | 1 Comment »
Posted on February 3, 2017 by Khanh Tran
With the large dollar amounts, aggressive parties, and difficult time constraints involved, office leases are some of the toughest contracts to negotiate. Chances for a successful negotiation are best if the attorneys maintain consistent, well-reasoned positions that readily balance their clients’ goals and the need for compromise. On the other hand, a successful agreement is unlikely if the attorneys adopt stubborn or disingenuous stances.
Here are four deal-breaking positions to avoid when negotiating an office lease:
Filed under: Real Property Law | Tagged: commercial lease, landlords, negotiation, office lease, tenants | Leave a comment »
Posted on January 25, 2017 by Julie Brook, Esq.
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
Filed under: Litigation Strategy, New Lawyers, Settlement Negotiation | Tagged: bargaining, hard negotiator, litigation, negotiation, settlement, settling a case, tactics | Leave a comment »
Posted on November 9, 2016 by Julie Brook, Esq.
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
Filed under: Litigation Strategy, Settlement Negotiation | Tagged: attorneys, negotiating, negotiation, settlement | Leave a comment »
Posted on August 26, 2016 by Julie Brook, Esq.
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
Filed under: Litigation Strategy, New Lawyers, Settlement Negotiation | Tagged: case settlement, creative lawyering, expanding the pie, negotiation, settlement negoti | 3 Comments »
Posted on May 18, 2016 by Julie Brook, Esq.
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
Filed under: Civil Litigation, Legal Topics, Litigation Strategy, Settlement Negotiation | Tagged: first offer, negotiation, settlement | 10 Comments »
Posted on February 22, 2016 by Julie Brook, Esq.
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
Filed under: Litigation Strategy, New Lawyers, Settlement Negotiation | Tagged: attorneys, case settlement, mediation, negotiation, settlement negotiation | 4 Comments »