Tips on How to Negotiate and Acquire Negotiation Skills


         Man Learns from Machine – Try the TreeAge Decision Tree Program.
         As a general tool in decision making, it is helpful to identify areas of uncertainty and choice points that affect outcomes along the path of a predictable process.  For example, in a case, there might be uncertainty on whether discovery will develop favorable or unfavorable information on a set of points; on whether the law characterizes a particular action or arrangement as legal or illegal; on whether one will win or lose on motions to dismiss and for summary judgment; on the range of damages that might be awarded under different standards at trial; and on likelihood of victory on appeal.  Added to this mix, can be the litigation transaction costs – fees for attorneys and experts, transcripts, photocopying, preparation of exhibits and the like.  These costs can be factored in along the way.

         We all can rough out these factors and do our own math.  If there is a 50/50 chance that we will win $1,000,000 after trial, we can loosely give that case a $500,000 value.  Understanding it will cost the client $250,000 in fees to get there, we might reduce that value to $250,000 if that sum of cash were sitting on the barrelhead for the taking to end the suit.

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