Tag Archives: Negotiation Techniques

Settling a Case Via Email – Word Choice is Important

There are many ways to settle a case, including discussions in person, via telephone or via email. Regardless, something in writing is usually set forth to memorialize the agreement and insure that the parties are on the same page. Word choice is important, as illustrated in the below case from Indiana.1… Continue Reading

Influence and Passion Revisted: The Art of Conflict Resolution Even if Insurers are Hard Nosed and In Your View Not Playing Fairly

Following yesterday’s post, What is a Bad Faith Claim? Or, When Does an Insurance Claim Wrongfully Handled Become a Bad Faith Claim?, there were a couple of posts suggesting that class action lawsuits were the answer to wrongful claims practices. Frankly, most policyholders are more successful financially with individual cases than through class action cases … Continue Reading

Settlements And Litigation

After posting two Blogs (Effective Endgame Communications; Influence and Persuasion) regarding the topic of settlements, I was amused by SLABBED referring to settlements as "kissing one’s sister." While that was on my mind, I was provided our Leeds Appellate Answer Brief to a trial that I won with Jean Niven in 2007. While I can understand that civil lawsuits play … Continue Reading

Influence And Persuasion, Part 2

As indicated in my previous blog, everybody can benefit from understanding some basics of intellectual influence. While my speech was given to trial attorneys who typically represent people against insurance companies, anybody can use them, and should, if they want better results with dealing with people who have different views. Some may question why I would … Continue Reading

Effective Endgame Communications

Most cases resolve before a trial. While thorough preparation for trial is paramount, most of our policyholder clients want a resolution as quickly as possible and for a much as possible. Settling a case for less than its value is an easy way to get a quick resolution. Settling a case for more than its … Continue Reading