Negotiated settlement

The majority of cases are resolved through a negotiated settlement. Negotiating a settlement between you and the other party is one of the most common methods of concluding a case. Oftentimes, after the dissipation of emotions about the situation, the parties are able to work together to reach a solution. Frequently both parties’ attorneys will meet with one another in an effort to attempt to reach an amicable settlement. One of the attorneys will draft the formal agreement of the parties into an agreed upon order for the court’s final approval. 

One myth is that attorneys only suggest negotiation if the case is weak. Given that a negotiated settlement is the most common way to conclude a case, a skilled attorney must possess strong negotiating techniques to ensure a favorable outcome for the client. This includes having a reasonable understanding of what may be potentially gained or lost through negotiation, and balancing those losses and gains against the resources needed to take the case to trial.  A lawyer can obtain good results in negotiation, and this is a means of resolving a case quickly and reasonably. Ordinarily an attorney will negotiate based upon the legal requirements as set by the law and expected court decisions. These standards are often the baseline for the negotiation. Client’s best interests are often served by avoiding unnecessary conflict. 

Negotiation is especially important in family law cases, such as divorce and child custody. Conflict between the parties, especially if minor children are involved, can leave emotion and financial scars for years to come. Negotiation does not necessarily require that a client surrender important interests; however, it may mean that the client does not attain each and every goal that is set out—the truth is, though, it is unlikely that each and every goal will be attained at trial. 

By developing a settlement through negotiation the parties are able to work together to choose the best settlement options for themselves and their children. This is often consistent with the client’s needs and their child(ren)s best interest. The client is able to decide his/her fate, rather than having the court make decisions for the family. Oftentimes the settlement is more detailed and provides more specific results than will be achieved in the courtroom. 

Our office regularly assists clients in successfully negotiating cases.  Some of the considerations of negotiation include the following: 

• Claim amounts and potential liability 
• Estimated legal fees to obtain a resolution 
• Time required to resolve case 
• Weaknesses in each side's case 
• Chance of obtaining a favorable outcome 
• Risk verses reward 
• Confidentiality or privacy concerns 

If you need advice on whether to negotiate a settlement or move the case to trial, contact our Biloxi law firm.  We represent individuals in Harrison, Jackson, and Hancock counties on the Mississippi Gulf Coast.  A good attorney will prepare for possible settlement from day of the lawsuit, while also evaluating the case throughout the litigation process. Negotiated settlement can be an avenue where the client’s risk can be minimized. Negotiation occurs from the outset of the case, as you attorney is making decisions about your case to reach your goals. Ultimately every step in the process is a negotiation, though it is often not labeled as such.  Evans Law Firm, PLLC is prepared to zealously represent our clients from the conference room to the courtroom, and we understand that your case is more than just law.