“Negotiations are the most common method of dispute resolution and should be the first step in the settlement process. An agreement to negotiate does not assure settlement. It demonstrates only the parties’ willingness to exchange views on settlement.”
“The purpose of many settlement negotiations is to determine how much will be paid by one party to another to resolve the dispute (although sometimes money is not the only consideration. Some negotiations are more cooperative and interest-based: e.g., negotiating a lease or business transaction on behalf of a client. (For this reason, settlement negotiations are sometimes called “adversarial” or “positional” bargaining, as distinguished from cooperative, interest-based negotiations.)”
“The first step is to get the parties’ commitment to attempt settlement through negotiations. Each party must come to the negotiations believing he or she has more to gain than to lose by engaging in settlement discussions.”
“Negotiating is more art than science. There are few rules or yardsticks. Still, it is a fact that certain attorneys consistently achieve better results than others in settling similar claims. Successful negotiators usually follow three basic rules: be prepared; be flexible; and be courteous.”
“Put [the settlement] in writing immediately. . .”
[California Practice Guide: Alternative Dispute Resolution [citations omitted]]
