American Bar Association Inside Practice
May 2007: Volume 6, Issue 5

Movement Breeds Movement

To encourage movement and reach a settlement, keep in mind the following:

  • Monetary proposals are a form of communication.
  • The subject of the parties’ communication is the range in which settlement can take place.
  • The parties communicate indirectly and, as a result, they often miscommunicate.
  • The greatest impediment to settlement is the perception that the case will not settle.
  • Most cases will settle if the parties reach their best numbers during the negotiation.
  • Both parties should have a plan for their negotiations rather than just depending on the other side’s proposals.

More information about the book Making Money Talk: How to Mediate Insured Claims and Other Monetary Disputes

Excerpted from Making Money Talk: How to Mediate Insured Claims and Other Monetary Disputes
By J. Anderson Little

ABA Section of Dispute Resolution

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