Apologies are difficult. By expressing regret and accepting responsibility for a harmful act, the person apologizing transfers “power” from him- or herself to the person receiving the apology. Parties negotiating settlement want all the “power” they can muster, and many fear they’ll convey weakness by apologizing. Experienced negotiators, however, use apologies to help settle cases.

Most people self-identify as decent, competent and moral. When accused of illegal employment discrimination, defendants recoil. They’re not “discriminators”! Why should they apologize for something they believe they never did? Moreover, won’t an apology be perceived as an admission of wrongdoing, further emboldening the plaintiff?

Originally published in Law.com on June 3, 2015.