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Alternative Dispute Resolution

Mar. 9, 2020

The psychology of settlement

Using the science of influence to gain an advantage in settlement discussions

Stacie Feldman Hausner

ADR Services Inc.

Email: shausner@adrservices.com

The psychology of settlement
Shutterstock

Ninety-five percent of all disputes settle before trial. Given this statistic, lawyers should position their cases in a manner that optimizes settlement outcomes. Although disputes settle for a variety of reasons, understanding some of the psychology that surrounds decision-making during negotiations can prove fruitful for enhancing settlement outcomes. Over the course of several articles, I will use the plethora of studies regarding decision-making and my own mediati...

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