Negotiations For Litigation

Except in very rare circumstances, there are always negotiations in litigation. The attorneys not only negotiate to reach a settlement of a matter, but also negotiate such things as to set a date for an event or an extension.

An attorney who knows fundamental tactics, strategy, and consideration when negotiating can provide the client and the attorney a better result. Negotiating is not necessarily intuitive and subjective, but those factors should be considered while negotiating. However, having more objective criteria and factors to consider when negotiating will provide a template or plan to reach a desired result.

Ethical consideration is also a significant factor when negotiating in the context of litigation. These considerations include such matters as the duty of honesty, confidentiality, and meritorious claims. This topic will cover negotiating strategy and tactics, as controlled by ethical and professional obligations to the client and the court, and an overview that will provide the attorney with some basic concepts for effective and ethical negotiations.

Learning Objectives

• You will be able to explain negotiation considerations in litigation.
• You will be able to recognize negotiation tactics and strategy.
• You will be able to identify advantages and disadvantages of mediation.
• You will be able to discuss ethical consideration in negotiations.