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Archive for August, 2006

Every Discussion Is a Negotiation

Tuesday, August 1st, 2006

The other side has drafted a proposed agreement and we sent them our requested changes. Now I call the opposing counsel and suggest a meeting with our clients present to try to resolve our differences.

He agrees and we set up the four-way meeting for Friday.

On Monday, I call him and ask him what his client said about our changes, so I can prepare for the meeting. He tell me what he is thinking.

On Tuesday I call opposing counsel and ask him if he can send me a new agreement with his position so I can discuss it with my client before the four-way meeting. He does and I forward this to my client.

On Wednesday, my client and I make a few changes to this new draft and send it back to the other side and I call opposing counsel to see what he thinks. He tells me.

On Thursday, I call opposing counsel with a few more preliminary issues for him to discuss with his client and respond to.

If all goes as planned, the clients will walk into the “negotiation” on Friday and all that will be left is to sign the agreement.

Lots of concessions and negotiations take place before the meeting because your opponent does not have his defenses up. He is waiting for the negotiation on Friday, and to him, these are just preliminary discussions to prepare for the negotiation.

 
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