Is settlement right for you? A lot of you are probably asking yourselves what kind of question is that. Settlement is best for everyone, isn’t it? If everyone truly believed this, a lot of cases would settle a lot more quickly. Everyone knows that most cases settle. Perhaps the real question is this one: Is settlement right for you now? Settlement negotiations can take place before a lawsuit is filed, while a lawsuit is pending, right before the start of trial, in the middle of trial, and even while an appeal is pending. As I have written in other articles, cases settle when both parties really want to settle them.
A number of years ago, I participated in a continuing legal education program on the art of settlement. The exercises included attorneys representing parties in various legal matters. Sometimes I represented plaintiffs and other times I represented defendants. If I represented a defendant, I had to indicate before the negotiations began what was the maximum amount I would settle the case for. We then engaged in negotiations and at the end, we compared the “agreed upon” settlement number with the maximum amount we were willing to pay to see if we had gotten a “good deal”. There really is an art form to negotiating.
So let’s get back to the question: Is settlement right for you? Are you tired of fighting? Are you tired of paying your attorney? Do you want to be done with all of the aggravation associated with litigation? And finally, what are you willing to give up? These are the questions that you have to answer. And it is important that you be honest with yourself in answering them.
A good way to see if you are serious about settlement is if you can really look at settlement as a business decision. Take away the emotions, and consider whether what is being offered to you or what you are offering is truly reasonable. If you are not negotiating in good faith and you are not trying to be reasonable, you may be forced to conclude that settlement is not right for you, now. The good news is that even if settlement is not right for you now, chances are, you will be given a lot of other opportunities to settle.
For questions about litigation, feel free to contact The Law Offices of Richard A. Marcus at 661-257-8877.