Litigation entails discussions between the attorneys representing the parties in a legal matter. Lawyers’ behavior and decision-making can significantly affect the likelihood of reaching a settlement.
Such knowledge helps the client to coordinate with their lawyer in the negotiation process since they can identify different negotiating strategies. In this post, the author looks at strategies that lawyers apply when seeking compensation that works.
So, let’s continue reading before you look for top 10 personal injury attorneys in New York City.
Evaluating The Strengths And Weaknesses
Litigation attorneys study the merits of their client’s case and the demerits of the opponent’s case. They objectively consider the facts and the case law to come up with the likely court decision should the matter be taken to court.
These assessments help them in developing the negotiation stance as well as the recommended settlement to be offered to the client. If their case has some vulnerabilities, they may advise you to compromise or to settle the case from the onset.
If they have sound facts and legal analysis, they may be assertive during the bargaining sessions. The goal of the analysis of the relative strengths and weaknesses of each side is critical.
Strategic Delays Or Deadlines
Wise lawyers strategically employ time constraints to achieve settlements. Stalling can be a strategy to convey to the other side that the party is not in a hurry to settle and will rely on trial.
On the other hand, long durations also lead to high costs of legal actions. On the other hand, the setting or agreeing to strict deadlines puts pressure on the parties to come up with a solution to the dispute faster.
The cost, risk, and unpredictability of justice in court increase significantly when trial is near, hence encouraging settlement. Patience and pressure are part of a delicate tightrope that lawyers must navigate constantly.
Reasonable Opening Settlement Offers
The first offer made or received in a negotiation process permanently shapes the further bargaining. truck accident attorney New York therefore develop rational first offers. High or low bidding often leads to unsuccessful negotiations.
Less extreme, better substantiated proposals show that you are not an adversary, set realistic boundaries for negotiations and convey the willingness to compromise.
While the opening shot is deliberately thrown with some degree of latitude for meeting in the middle, a fair and temperate number based on consideration of the merits of the case enables advancement.
Giving Small Grounds To Gain Credit
To gauge the case to a possible settlement, it is common for attorneys to give up trivial concerns in order to aggressively pursue more crucial aspects. Small compromises foster goodwill, show that you are fair and ready to compromise.
They also emphasize commitment regarding more core aspects. For instance, a lawyer who wants a large compensation for his/her client may agree on the minor technical violation that the defense has accused of.
This eliminates a barrier that would prevent wider conciliation. In giving an inch on other matters that are not the heart of the dispute, lawyers gain the trust of the other side, and positive movement on the key issues is more likely to occur.
Creative Solutions For Child Custody And Support Cases
Monetary damages can be a potential term of a settlement, but it is not the only one. Lawyers are always thinking outside the box in order to come up with solutions dealing with the parties’ core concerns.
Sometimes, money payments are inadequate or less effective than cash payments, such as public apologies, donations to charity, changes in company policies, or arrangements for long-term payment schedules.
In business disputes, the new amended supply chain agreements or royalties may help in finding ways for future cooperation. Professional lawyers know that individualized, innovative solutions provide better and more sustainable results.
Conclusion
Litigation requires not only representing one’s clients and advancing legal theories, but also finding rational solutions through cooperation. By evaluating the strength of cases, timing the presentation of such arguments, making reasonable initial offers, engaging in gradual trust-building and negotiating new forms of settlement, attorneys are professional in their advocacy for their clients.
With such effective strategies, lawyers establish a compromise and avoid getting into dangerous and costly trials that would lead to uncertain outcomes.
