![]() Almost any solution will feel better to them if you both develop it together).Ģ0. It's often seen as a threatening demand instead of a possible solution to a joint problem. What are two different potential settlements that 1) you believe will satisfy their main interests as you understand them, 2) you can live with, and 3) will address all your key issues? (Important note: You can kill the best possible resolution by putting it out too early. If you don't know, go get the most accurate information you can. For instance, what's the maximum amount of your financial risk for:Ī) the difference between your likely claims,ī) everyone's attorneys' fees, expert witness fees, and procedural costs,Ĭ) the value of your time lost from work and family? Suppose you're unable to settle it between yourselves, you end up in the lengthiest and most costly alternative, and the judge, jury, boss, board, or arbitrator eventually agrees completely with the other side's arguments. List the possible consequences of not reaching agreement. (Verbal representations, unforeseen problems, mistakes, different versions of facts, breaches of agreements, contract language, delay, scope and quality of work, interpretations of law, methods of calculating direct and consequential damages, coverage issues, etc.)ġ8. List every issue which might reasonably be disputed if this is argued before a court, arbitrator, boss, etc. What are their next best alternatives?ġ7. List as much as you can about potential risks and benefits of your next best alternative.ġ6. If you're unable to agree on a voluntary settlement, what do you currently believe is your next best alternative in the real world? You can make an informed choice between 1) the best voluntary agreement available and 2) your next best alternative - but only if you have a clear picture of each one. In resolving this, how will you balance your shorter term emotional interests with your longer term financial interests? (For instance: Are you willing to risk your future financial interests to avoid uncomfortable discussions now? Will you accept a satisfactory offer, even if you're very resentful about how you've been treated? etc.)ġ5. What could they say or do in your meeting that would really push your buttons all over again? How will you keep things on track if this happens?ġ4. In areas where you have sharply different perspectives, what useful evidence can you bring in that will be credible to them, to help them see your view? (Receipts, photographs, witnesses, notes, written industry standards, copies of laws or rules, expert reports, etc.)ġ3. How will you know when a potential agreement is a better choice than fighting it out? What criteria will you use to measure how well it satisfies the interests you've identified?ġ2. In these areas, what objective criteria could you use together to develop fair and constructive voluntary resolutions?ħ. Where do you think you disagree most strongly?Ħ. What significant things do you think you already agree about?ĥ. Where could you cooperate to do this, if you both decided you wanted to?Ĥ. Both of you will have to decide it's a better choice than fighting. Any voluntary agreement will have to satisfy both your interests and theirs. How do you think they see their interests? List and rank them.ģ. To help identify your real interest in each area, ask yourself - "Suppose they agree to what I want - exactly what will that do for me?"Ģ. (For instance: time, money, security, get even, get on with life, minimize risk, fairness, future plans, maintain a working relationship, etc.). List your basic interests, and then number their order of importance to you. ![]()
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