'Insulting' First Offers: Why Lawyers Make Them, and How to Respond

摘要

There are moments in bargaining most of us would like to avoid. One is when a party makes an offer, the other side labels it "insulting," and the process grinds to a halt.rnWhy do bargainers so often make such offers? And how should mediators and lawyers respond when they do?rn"Insulting" offers are endemic to settlement negotiations. But in the legal context, "insulting" is a term of art. Bargainers don't usually makernextreme offers to humiliate opponents, and lawyers who complain about them are rarely actually insulted.