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Settling out of court Make sure the process is perceived to be fair. ... Identify interests and tradeoffs. ... Insist on decision analysis. ... Reduce discovery costs.
7 Tips for Successfully Negotiating for More Money with the Insurance Company Seek Legal Representation Right Away. ... Think About a Settlement Amount. ... Be Cautious About What You Reveal to the Adjuster. ... Don't Necessarily Accept First Offer. ... Request the Adjuster to Justify a Low Offer. ... Highlight Emotional Points.
Identify, gather and produce the most important information early. Settlement negotiations are most effective at the proverbial sweet spot, when each side has the information it believes it needs to make a judgment about settlement but before discovery expenses allow the sunk costs mentality to take hold.
For example, in negotiating an agreement to enter into a corporate merger, parties will negotiate, among other things, price, representations and warranties, covenants, assumed liabilities, conditions to closing the deal, and indemnities. Parties may also negotiate to reach an out-of-court settlement.
Here's a review of the three basic types of dispute resolution to consider: Mediation. Arbitration. Litigation.