By David Baron
“Thinking outside the box” is a useful tool in winning settlements. A practitioner
needs to consider all aspects of each case, and consider the possibility that some negotiations can be resolved with methods other than financial ones. If all parties enter negotiations cooperatively, then resolutions can often be found that will both allow conflicting parties to work through disputes, and continue doing business together. In the case of a loan repayment for example, the borrower might agree to increase the amount of payments for a specified period of time so that the lender does not lose money.
A Coachella Valley commercial litigation attorney knows that there are many methods that can be applied in achieving a settlement. Bringing in a mutually agreed upon third party to act as arbitrator is one. Encouraging both parties to share information and resources for mutual benefit is another.
At the Coachella Valley commercial litigation law firm, practitioners understand that business disputes involve strong emotions, such as anger and distrust. Indeed, these motivations can be the deciding factors behind both the decision to invoke legal action and to refuse to accept resulting settlement offers. The emotional feelings of both parties need to be taken into consideration when crafting a settlement. Sometimes this can be achieved with an apology or retraction; other times, getting “their day in court satisfies each side”.
This article won’t discuss the pros and cons of mediation at length, but when conflicting parties are having difficulty beginning the negotiating process, mediation can be useful to start dialogue.
While practitioners have the means to prolong business negotiations, it is often in all parties’ best interests not to. Coachella Valley business litigation law firm attorneys have both the experience and creativity to resolve such cases in a successful manner for their clients.