Do you need help
settling a lawsuit?

Settling an existing lawsuit requires expert negotiation skills and a global approach to the problem at hand. We work in concert with your trial counsel to provide them with a different perspective and approach to the case. As always, the first thing we do is listen to your story. What are your real interests and concerns? Are there interpersonal issues that are relevant and perhaps not reflected in the pleadings? By asking your trial counsel the tough questions, we will ascertain just how strong or weak your legal position is, and we will make sure you understand these strengths and weaknesses as well.

If possible, we want to talk to the other party or parties involved in the case as well. We will listen actively to them too, to be sure we understand completely not just the strengths and weaknesses of their legal position, but to be sure we understand their view, their interests, and their concerns. Finally, we will hold their lawyers' feet to the fire as well, insisting on the answers to the most difficult questions so that we understand their case better.

Next, we will work with you and your counsel to identify a likely "zone of possible agreement" where the dispute might settle. We will make sure you and your counsel understand clearly your "BATNA" - your "best alternative to a negotiated agreement." In other words, if the case does not settle and proceeds to a full trial and judgment, what is the best you can do? Will your legal fees be so high that even a judgment in your favor will not be a good result? You need to know the answers to these questions. We will identify and help you understand the other party's BATNA as well.

Once the foregoing groundwork is complete, we can help you go to work on actually negotiating a resolution to your dispute. We will use our negotiating skills and experience to overcome any structural barriers to settlement, or any barriers posed by the tactics employed by opposing counsel or the other party. We will work to resolve or at least manage the interpersonal issues that impede negotiations.

All of this represents a framework that we have developed to negotiate the settlement of disputes. Within that framework lie all sorts of opportunity for creative thinking, excellent lawyering, and perhaps even the creation of new value within the settlement itself. We are always looking for that elusive "win-win" scenario.