3 PerspectivesJanuary 2, 2009

How Close Are We? Another Way a Mediator Can Help

Have you ever wanted to know what the other side really wants in a case?  They’re sure to posture and ask for one thing, but have you ever wondered what they’re really looking for before everyone gets further entrenched?  There is a way to find out.

I learned how you can tell if you and the other side are really that far apart in a dispute with one of the world’s more experienced defendants. We had met before and a lot of money was at stake, and sending a settlement demand to these folks would have been pointless — no matter what I demanded it would be too much. I suspected we privately valued the case the same way, but nobody opens a case with his bottom line position. We’d have to litigate for years to More…

Categories: ADR,Arbitration,Miscellaneous,Settlement,Tactics

1 PerspectiveDecember 17, 2008

Rule 68 Offers: A Few Sample Forms to Get You Started

A few months ago we first discussed how valuable Rule 68 can be in Rule 68 and Offers of Judgment, Part I:  How they Work and Why You Should Care, and that initial post has evolved into this series on Rule 68. I have recently heard from a few readers who are new to offers of judgment, with several looking for sample Rule 68 Offers to help get them started. This is a quick post to do just that.

A Few Sample Rule 68 Offers of Judgment

Attached are four Rule 68 Offers actually submitted in California, Michigan, More…

Categories: Miscellaneous,Rule 68,Settlement,Tactics

Add Your PerspectiveNovember 28, 2008

More Negotiation Tactics: Stop the Nibbler Before He Starts

I recently wrote One Use for an Unnecessary Confidentiality Clause, where I outlined a tactic that helped me buy a house I really wanted. In that same deal I learned how to stop what Chester Karrass describes as “the nibbler” with a technique that can translate well beyond your next home purchase — whether you are settling a lawsuit or just working to close your next business transaction.

While you might not know him by name, you know the Nibbler already. On the cusp of getting your deal done, your opponent asks for just a bit more — we’ve all heard something like “if you’ll pay today’s mediator, too, we will accept your settlement offer.” If you’re in a one-time deal with the other side, you don’t More…

Categories: Negotiation,Tactics

2 PerspectivesNovember 14, 2008

One Secret the Two Million Miler Club Has Taught Me

I’ll never forget a presentation by the Chief Litigation Counsel of a well-known tool company who complained about how long it takes to learn whether a newly-alleged product defect is really unsafe or not.  He told us that the first lawsuit outlining the defect takes time to serve, the charges take time to digest, and interrogatories and depositions can take months to complete before he can get to an answer.  All these delays prevent him from learning whether his product is really dangerous.

There is a better way.  As I write this I’m in seat 20B.  Perhaps he should be sitting next to me.

$24 Can Buy a Lot These Days

A few years ago one of my clients called to tell me a lawsuit was on the way.  After several years of efforts to unwind a joint venture, my client and my client’s partner had broken off negotiations.  The other side would wait no longer to get their money out of the deal, and five minutes with the file told me why.   More…

Categories: Communication,Negotiation,Settlement,Tactics