NCJ Number
103073
Editor(s)
J C Freund,
J T McLaughlin
Date Published
1986
Length
293 pages
Annotation
Five detailed outlines of speeches, five reprints of articles from other sources, and two studies of hypothetical cases explore the alternative techniques and the specific strategies involved in negotiating settlements in disputes involving business corporations.
Abstract
The stages of a dispute, techniques for preventing and managing a dispute, the use of principled negotiation, and confidentiality issues are examined. The advantages and disadvantages of the summary jury trial, minitrials, court-annexed arbitration, arbitration, and mediation are considered. The handling of current claims and the avoidance of future claims are discussed. Additional papers cover the negotiation of a solution when litigation is pending, settlement strategies in multiparty litigation, the role of misleading or untruthful statements, and the use of settlement partners who work apart from the litigation team. The hypothetical case studies involve the obligations involved in the sale of a business and a dispute involving undisclosed corporate payments to American and foreign politicians and others. Speaker biographies, charts, form, and reference notes.