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Forum (Forum & Focus)

Oct. 28, 2008

Parties in Settlement Often Overlook What's Most Important: the Numbers

Parties strain to understand their adversary’s intentions in settlement negotiations, and often overlook the most important information: the numbers, writes Robert A. Steinberg.

FORUM COLUMN

By Robert A. Steinberg

Parties strain to understand their adversary's intentions in settlement negotiations. They sift for information from their adversary's statements and physical reactions. But they often overlook the most obvious and available information - the offers themselves.

Parties characterize their offers with all sorts of verbiage. Perhaps they will explain the basis for their position or simply conclude "that's ...

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