January 10, 2020 Feature

Death of a Settlement

Despite the popularity of win-win bargaining, during settlement negotiations most litigants feel they are losing rather than sharing a win.

Dwight Golann

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You are trying to settle a case set for trial next Monday. After weeks spent trading unrealistic offers and demands, you finally get a signal that the other side is serious. You’ve prepared your client for this moment, reviewing with him the strengths and weaknesses of his case. You’ve given your best advice about what terms would make sense to resolve it.

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