Negotiating and Settling Tort Cases: Evaluating the Case, Making the Demand, Bargaining Directly or in Mediation
The reality is that most lawsuits settle. Thus, just as every case should have trial themes and discovery strategies, each one should have a settlement plan and strategy. But most lawyers mistakenly assume that what persuades a jury will persuade opposing counsel or meet the needs of the defendant’s insurers, who may or may not be present, and whose checkbooks will fund the settlement.
An overall settlement strategy needs to be developed based on numerous obvious and not-so-obvious factors. Although the parties may frequently be attempting to divide a fixed sum, such as the defendant’s insurance proceeds, some options may exist to expand the pie or the people adding to it.
Listen as this premier panel of experienced negotiators and litigators offers guidance on practical actions that personal injury attorneys can take to make their opponents more receptive to their proposals.