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CAMPO MEDIATION*
Settling Disputes - Managing Risk -
Eliminating Uncertainty

NEGOTIATING SUGGESTIONS

  • Determine what you want to accomplish.  Is it only about money or are there other issues at stake such as your future relationship with the other side?
  • Make a realistic assessment of your best and worst possible outcomes if the case does not settle through negotiation.
  • Make the same assessment of the other side.
  • Use these best and worst outcomes as a benchmark for assessing your case value and case risk.
  • Determine your acceptable range of settlement (ROS).
  • Develop a detailed written negotiating plan.
  • Map out a series of proposals and counter proposals intended to move the other side into your ROS.
  • Structure proposals based on objective standards.
  • Make the most aggressive opening proposal you can make that you can justify.
  • Establish credibility by not making proposals you cannot justify.
  • Concerns over maximizing value often cause parties to make extreme opening proposals.  Don't overreact to a proposal you don't like.  Ask for justification.
  • Do not let an opening proposal you find unreasonable change your negotiating strategy.
  • Make thoughtful rather than reactive proposals.
  • Avoid ultimatums.
  • Negotiate with civility.
  • Learn to disagree without being disagreeable.
  • Listen carefully and learn from the other side.
  • Be realistic.
  • Be open-minded and flexible.
    Keep in mind:
  • Unreasonable demands cause unreasonable offers.
  • Unreasonable offers cause unreasonable demands.
  • Movement causes movement.
  • Lack of movement causes lack of movement.
  • Reduced demands cause increased offers.
  • Increased offers cause reduced demands.
  • Reasonable flexibility causes reasonable settlements.

 

*Campo Mediation is an affiliate of:
Clark, Hunt, Ahern & Embry
150 Cambridgepark Drive, 9th Floor
Cambridge, MA 02140
Phone: 617-494-1920
Fax: 617-494-1921
www.chelaw.com

Contact Information:
Charles M. Campo
Phone: 617-494-1920
617-423-4949
Fax: 617-494-1921
Email: cmc@campomediation.com
www.campomediation.com


Clark, Hunt, Ahern & Embry is a full service law firm providing comprehensive legal services for individuals, businesses and organizations since 1983.

Visit our web site at www.chelaw.com.


Mediation Locations – Cambridge, Boston, Newton and Waltham

150 Cambridgepark Drive, 9th Floor
Cambridge, MA 02140

Independence Wharf
470 Atlantic Avenue, 4th Floor
Boston, MA 02210

Riverside Center
275 Grove Street, Suite 2-400
Newton, MA 02466

Bay Colony Corporate Center
1050 Winter Street, Suite 1000
Waltham, MA 02451


Mediation locations available throughout Massachusetts

_______________________________________________________________________
When acting as a mediator, Mr. Campo does not provide legal advice or legal representation. The materials contained on this website are for informational purposes only and are not to be considered legal advise. Parties should always consult with a lawyer or other appropriate professional when making decisions that may affect their rights.

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