Negotiation

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is an important aspect of any legal case. Working with the opposing party can make the process more efficient, saving both parties the time, effort, and cost of fighting over various issues. Moreover, negotiation can lead to a settlement that ends troublesome litigation and allows the parties to move forward.

What Is Negotiation?

Negotiation is sometimes referred to as “the art of the possible.” During negotiation, two or more parties discuss their differences and try to resolve them. Some negotiation strategies include:

• Searching for common ground
• Persuading the other party to see your point of view
• Compromising your position to meet the other party halfway
• Exchanging something the other party wants for something you want

Negotiation doesn’t need to resolve every difference between you and the other party. In some cases, you might negotiate over a single issue.

For example, suppose that you filed a medical malpractice lawsuit against your doctor. The doctor’s malpractice insurer will want to question you about your injuries. Your lawyer will negotiate with the insurance company’s defense lawyer to pick a date and time for everyone to attend.

Negotiations can also resolve big issues, such as the compensation available in an injury claim. For most settlements, the parties must agree on the amount that must be paid for the claim to be dismissed. This type of negotiation is called a settlement negotiation because all of the issues between the parties will be settled if they can agree on terms.

Reasons To Negotiate A Settlement

Everyone involved in an injury case has reasons to negotiate a settlement.

If you’ve been hurt in an accident, you’ve likely suffered financial hardship, including medical expenses and lost earnings. The sooner you resolve your claim, the sooner you’ll receive the resources you need to focus on your health and moving forward with your life. A negotiated settlement can help you avoid protracted litigation.

Additionally, a settlement can spare you the stress of testifying at trial. Many people are intimidated by the idea of testifying, particularly when they know the opposing party’s lawyer will cross-examine them.

Going to trial is a risk for both parties. By negotiating a settlement, the parties maintain some control over the outcome of the case rather than leaving it in the hands of unpredictable jurors.

The defendant’s insurer or their legal counsel tends to be particularly sensitive to the risk of a jury trial. Most people who serve jury duty don’t have a favorable opinion of insurers. If the jurors find in the plaintiff’s favor, they might receive a massive monetary award.

In addition to avoiding a costly jury decision, the insurer will also be solicitous to minimize the legal fees spent defending a losing case. A settlement can stop the insurer’s financial bleeding.

Even the judge can benefit from a settlement. Jury trials are long and stressful for everyone involved. Many judges will conduct a conference to help the parties determine whether a settlement is possible. Spending an hour or two with the parties to help them work out a settlement is preferable to spending multiple days conducting a jury trial.

Even if the settlement conference doesn’t resolve the case, it can jumpstart negotiations between the parties. In many instances, the parties will continue to negotiate after the settlement conference exposes possible terms for an agreement.

Mediation And Negotiation

A settlement conference is often conducted as a form of mediation. However, the parties can also use private mediation to negotiate a settlement.

Mediation is sometimes described as assisted negotiation. Unlike a judge, jury, or arbitrator, a mediator doesn’t decide a dispute. Instead, they act as a neutral third party to facilitate a discussion and help the parties find common ground.

After a minor car accident, for example, each driver might blame the other for causing the crash. A mediator can help the parties agree on a fair designation of fault. Once the matter of fault is cleared up, the parties can more easily determine which driver will provide compensation and how much.

Settlement Statistics

Settlement negotiations are a part of almost every personal injury case. Only about 4% of personal injury cases go to trial — the vast majority are resolved through settlement. In other words, even after you file a lawsuit, you’ll probably settle your claim through negotiation rather than litigation.

The numbers are even higher if you include all of the insurance claims that are settled before litigation. If the insurance company accepts liability for the claim, your injury lawyer will negotiate with a claims adjuster to get you a fair payout, avoiding the need for a lawsuit altogether.

Learn More About Negotiated Settlements

A settlement can offer a way to end your injury claim quickly and fairly so you can move on with your life. Contact our Davis Law Group Car Accident and Personal Injury Lawyers at (206) 727 4000 to schedule a free consultation with a Seattle personal injury attorney. We’re ready to discuss your claim and offer guidance on how best to resolve it.