I Want to Settle an IP Action; What Do I Do If . . .
How do I initiate settlement negotiations without appearing weak to my opponent?
- allow a mediation service such as Southern California's Judicate West to act as the convener. This permits face-saving if the other side says no, and might even provide you with some clues as to why the case is dragging on for so long.
- encourage parties to the litigation to make a "pledge" to mediate after the first round of discovery as a matter of standard practice and procedure for all of your cases; make it known that this is one of the ways in which your litigation firm distinguishes itself from others -- good, bad or indifferent, you schedule an early mediation of all of your cases.
- call opposing counsel offering to mediate if it would "help you bring your client's expectations into line with her evaluation of the case.
How do I Maxmize the Value of My Case when My Bargaining Position is Weak?
- negotiate a contingency contract
- investigate and strategize the "set up"
- ensure that the right parties have been involved
- in the right sequence
- to deal with the right issues
- that engage the right set of interests
- at the right table or tables
- at the right time
- under the right expectations
- facing the right consequences of walking away if there is no deal
- explore and strategize your opponent's interests (desires and needs) instead of focusing on their legal positions
- map the desired "ideal agreement" backwards
- identify the tactical, design and set up barriers and solutions to achieving the ideal agreement.
- think in the long term
Should I Make the First Offer and How Agressive Should it Be?
More of these soon!
