Active listening techniques are often lauded as indispensable in legal negotiations, and for good reason: You’re more likely to reach agreement if you can both understand and demonstrate your understanding to the other side. But there are some common ways that negotiators fail in their efforts to use active listening. Continue reading
The following is a guest blog post by Anderson Franco, who practices landlord-tenant, personal injury, and general litigation throughout the Bay Area.
Before filing a lawsuit, a plaintiff should always consider whether to try for settlement. If settlement is the goal, then a settlement demand letter becomes a key negotiation tool. A settlement demand letter explains to the opposing party why they should pay money to settle the case immediately rather than litigating through the court system. 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
One 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