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Category: Settlement

THOUGHTS ABOUT NEGOTIATION & SETTLEMENT

THOUGHTS ABOUT NEGOTIATION & SETTLEMENT

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I have been a fan of Roger Dawson for many years. See:  http://www.rdawson.com I have read most of his books about sales and negotiation. I have attended his lectures. His ideas about communication, persuasion, sales and negotiation make a great deal of sense to me. Dawson was born in England and then became president of one of California’s largest real estate companies. Since 1982 he has been a full-time speaker and writer regarding sales issues. Here is a brief summary of…

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EVIL MOST OFTEN OCCURS IN THE DARK – THE EVIL OF SECRECY IN OUR JUDICIAL SYSTEM

EVIL MOST OFTEN OCCURS IN THE DARK – THE EVIL OF SECRECY IN OUR JUDICIAL SYSTEM

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Over the past 25 or 30 years my policy was to reject confidentiality as an imposed condition of settlement. Our settlement agreement memorandum contained the following language: “Neither the plaintiff nor his or her attorneys agree to any secrecy confidentiality restrictions regarding any aspect of this case or settlement. It is understood that nothing shall be considered secret or confidential regarding this case or settlement.” Over the years I have been questioned regarding this policy not just by defense attorneys…

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SETTLEMENT AGREEMENT MEMORANDUM

SETTLEMENT AGREEMENT MEMORANDUM

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It didn’t take me many mediations or settlement conferences to figure out that if I didn’t get  it in writing when the deal was made there would be problems. Call it buyers remorse or just lawyers being lawyers  there would be proposed revisions and issues raised we never discussed or had already resolved. If you allowed the other side or the mediator  to try to put the deal in writing it took too long and it opened the door to…

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