The purpose of this article is to describe in detail the most effective approaches and techniques that I have seen lawyers use in settlement conferences. Having hosted hundreds of negotiations, I have seen many different lawyering styles. In the pages that follow, I share with interested litigators my ideas (unconfirmed by scientific tests) about what works in the settlement dynamic and what does not. I write informally; the you that I address so often are the litigators I hope to reach
This paper will guide the reader through the legal settlement process stage by stage but will first ...
Published in cooperation with the American Bar Association Section of Dispute Resolutio
In “litigation as usual,” settlement often comes only after adversarial posturing, the original conf...
The purpose of this article is to describe in detail the most effective approaches and techniques th...
My aim in this Article is to provide background, along with some modest suggestions, that could assi...
This Article sets out various perspectives that litigants, lawyers and judges commonly bring to sett...
Judicial settlement conferences present novel challenges to judges in assisting parties to settle th...
Professors Molot, Fuller, Fiss, and Resnik, among others, have expressed concerns about the unbounde...
By protecting the right to a jury, the state and federal constitutions recognize the fundamental val...
In the following pages, we will briefly delineate the settlement process, enumerate the techniques c...
This article is partially based on a study in which I interviewed respected lawyers about their nego...
Have you ever attended a settlement conference and come away thinking the case was settled, only to ...
For many lawyers, deciding which negotiation strategy to employ depends on the specific context of a...
Published in cooperation with the American Bar Association Section of Dispute Resolutio
Most cases settle before trial. Recent studies show that approximately 1% of cases filed in federal ...
This paper will guide the reader through the legal settlement process stage by stage but will first ...
Published in cooperation with the American Bar Association Section of Dispute Resolutio
In “litigation as usual,” settlement often comes only after adversarial posturing, the original conf...
The purpose of this article is to describe in detail the most effective approaches and techniques th...
My aim in this Article is to provide background, along with some modest suggestions, that could assi...
This Article sets out various perspectives that litigants, lawyers and judges commonly bring to sett...
Judicial settlement conferences present novel challenges to judges in assisting parties to settle th...
Professors Molot, Fuller, Fiss, and Resnik, among others, have expressed concerns about the unbounde...
By protecting the right to a jury, the state and federal constitutions recognize the fundamental val...
In the following pages, we will briefly delineate the settlement process, enumerate the techniques c...
This article is partially based on a study in which I interviewed respected lawyers about their nego...
Have you ever attended a settlement conference and come away thinking the case was settled, only to ...
For many lawyers, deciding which negotiation strategy to employ depends on the specific context of a...
Published in cooperation with the American Bar Association Section of Dispute Resolutio
Most cases settle before trial. Recent studies show that approximately 1% of cases filed in federal ...
This paper will guide the reader through the legal settlement process stage by stage but will first ...
Published in cooperation with the American Bar Association Section of Dispute Resolutio
In “litigation as usual,” settlement often comes only after adversarial posturing, the original conf...