A Recent Innovation, 'Cooperative' Negotiation Can Promote Early and Efficient Settlement through Joint Case Management

摘要

What can you do if you want to negotiate cooperatively with the other side from the beginning of a case?rnOf course, in some cases, businesses do negotiate successfully at the outset. Some parties use settlement counsel, who work exclusively on negotiation in a matter. Although these ad hoc or unilateral negotiation approaches work well in some cases, they may not be sufficient to overcome the adversarial dynamics that sometimes occur in litigation.