Conflict Resolution

Advanced Problem-Solving Strategies

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Settlement offers as well as demands frequently carry a time limit: For example, “If not accepted, this offer will expire at 5:00 p.m. on Tuesday,” or “If we cannot resolve this matter to our client’s satisfaction within 10 business days, we will take all appropriate steps, including filing suit against your client.” Why do people, including myself, include these deadlines? Everyone knows we may be bluffing, because we would generally still prefer to settle on the same offered terms the day after, or even the month after, the offer expires. If the settlement demand or offer were not a more attractive alternative than a failure to reach agreement, we would not have made the demand or offer in the first […]

President Obama yesterday succeeded in getting Israeli Prime Minister Netanyahu and Palestinian President Abbas to meet in the same room in New York. The President said “Simply put, it is past time to stop talking about starting negotiations, and time to move forward.” (quoted in the Los Angeles Times) According to a Netanyahu aide quoted in the New York Times, the meeting was to take place “without preconditions, as the Prime Minister has always wanted.” This is obviously a reference to the Palestinian insistence on a settlement freeze prior to any serious negotiations. But the Israelis have also set preconditions to various meetings in the past, and Israel and the United States still will not negotiate with Hamas unless Hamas […]

A hot topic in the litigation field during these bad economic times is how to reduce litigation costs. Numerous articles and discussions have appeared about alternative billing or staffing arrangements that can save clients money, presumably by reducing the amount of time spent on activities that do not advance cases toward trial. I agree that billing by the hour sometimes creates perverse incentives for attorneys, just as it does in any profession that bills by the hour or by the procedure. I also agree that over-staffing and engaging in unnecessary work drives up legal bills. But I also think that discussions about litigating more efficiently sometimes miss the larger point. The best way to reduce litigation costs is not to […]