Avoid a Misunderstanding When Proposing a Link or Bracket Move.
A timely link or bracket move, e.g., “We’ll increase our offer to $X, if you reduce your demand to $Y,” is a potent negotiating tool
There Is No Good Reason for a Party to Mediate Without a Client Representative Having Adequate Settlement Authority.
In traditional sit-down mediations a party can sometimes gain an unfair negotiating advantage by having its representative participate by phone, or in person, but lacking
Be Sure You Have Enough Information to Reach a Mediated Settlement.
In theory, early mediation is the quickest, most cost-efficient way to resolve a dispute. The problem, however, is that until there has been sufficient discovery,
Lawyers Representing Clients at Mediations Should Be Mindful of Their Ethical Obligations
Although mediations are private, informal proceedings, observing the Rules of Professional Conduct governing lawyers is no less obligatory than at a hearing or trial. Lawyers
Consideration for a Settlement Can Include More Than Just Money.
Most successful mediations result in parties agreeing that one will pay the other an agreed sum. When the parties cannot agree on the amount, however,
When Formulating an Offer Think About How It Will Be Received.
Negotiating parties naturally focus on their own needs and pay far less attention to the needs of their adversaries. This bias toward its own needs