Key Topics:  Essential Terms | Oral Versus Written Agreements  | Statute of Limitations  | Breach

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This is by far the most efficient and cost-effect way to resolve  any dispute (with or without lawyers involved). It saves the  parties the cost of court or alternative dispute resolution (ADR),  i,e., mediation, or arbitration. Our clients are often surprised at  how many issues our lawyers can get resolved through direct  negotiations.

KEY ADVANTAGES

The experienced attorney knows the advantages of direct  negotiation and how to use it to best serve the client’s interests.  Because most cases are resolved this way, our firm pay precise  attention to the techniques used during direct negotiations. The  lawyer should be well prepared regarding the facts, law, and  timeline of events between the parties. This allows the attorney to be an authority about the case and push for key concessions.  The lawyer should refrain from lecturing the other side,  however. Insulting the other side’s attorney or client has no  upside and can quickly end negotiations.

TARGETING SETTLEMENT

Our firm is very successful at getting cases (large and small)  resolved efficiently through settlement negotiation. To do this  well, a lawyer should make a key evaluation very early in the  case — Should this matter be resolved through negotiation? —  then work very hard toward that goal.

EXPERIENCE IN COURT COUNTS

A lawyer’s experience in court will directly effect his ability to  settle a case. This is because certain cases will not invite early  settlement (or any settlement) and require a resolution through  litigation. The seasoned lawyer also knows what type of cases  rarely by virtue of past experience.

The experienced lawyer also knows how to properly threaten  litigation and mean it. During negotiations, the lawyer can  reference from experience how expensive it will be for the other  side to litigate, thus motivating them to settle. For example,  certain items of proof are easy to prove — such as direct  observations from the client. However, other item of proof may  involve an expert opinion that could cost several thousands of  dollars for each opinion to come into court through expert  testimony. The experienced attorney can speak plainly with  opposing counsel about the realities of the case from both sides  and get the matter resolve, whenever possible.

SCENARIOS WHERE SETTLEMENT IS UNLIKELY

It is always a good time to talk to the other side and at least feel  out their position. There are, however, instances where  prolonged direct negotiation will not be effective and may  actually prove to be a waste of time if the negotiations go on too  long without filing suit. These instances included matters where:

One party’s conduct caused harm to the other side and there is  no reasonable explanation or willingness to take accountability;
One party cannot afford to pay money owed to the other side and  is stalling for time to pay based on debt to other creditors;
One or both of the parties insist on making the matter  “personal,” which is often the case where the parties are related  by blood or marriage and the dispute goes beyond the lawsuit;
The parties are evaluating the case in good faith, but their  assessments are simply too far off from one another to make  early settlement possible.

SUCCESS

Our firm has settled cases relating to the difficult scenarios set  forth above, however. Settlement talk that break down can be  resumed at any time during the course of litigation.

Phone our attorneys any time.

412.780.0008