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Settlement Negotiations Negotiations

Latham & Watkins LLP

English Court of Appeal Rules on Privilege and Settlement Agreements

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The Court examined “without prejudice” privilege and litigation privilege as they apply to settlement agreements and their inspection by co-defendants. In BGC Brokers LP & Ors v. Tradition UK & Ors, the English Court of...more

JAMS

Bracketing the “Zone”: Getting to the range in which bargaining succeeds

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Over the last 10 to 15 years, the term “bracketing” has emerged to summarize the mediation process of negotiating the high and low of the bargaining zone. For a variety of reasons, some users of mediation services resist...more

Hogan Lovells

Alternative Dispute Resolution in England and Wales

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A guide to mediation and the other main types of alternative dispute resolution (ADR) in England and Wales. ...more

JAMS

New Impasse-Busting Techniques – Part 2

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I have recently discovered some additional, impasse-busting techniques for your consideration when the negotiating process grinds to a halt. The Mediator’s Bracket - This is a useful technique in both early and late...more

Brooks Pierce

If You Reach A Settlement At Mediation, And Say The Settlement Will Be The Subject Of A Forthcoming Formal Agreement, Do You Have...

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You have most likely walked out of a mediated settlement conference at which the shorthand version of the settlement put to paper by the lawyers and the mediator stated that there would be a later, more detailed agreement. ...more

JAMS

The mediator as process designer

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A mediator is a facilitator who has the skill to work around or overcome obstacles to settlement created by parties or their counsel. In particular, when negotiations have gotten the parties close to a settlement, the skilled...more

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