Successful negotiation depends on understanding the facts, the law, the relationship of the parties, and the underlying interests of the parties to the negotiation. A matter will settle when the needs of both parties are met by the settlement agreement. We work with our clients in order to understand all of these factors.

We are committed to making settlement offers for our clients as soon as possible in every case, and keeping those offers and counteroffers in negotiation. Cases settle when the opportunity to settle is presented and maintained. When negotiations stop, litigation begins.

There are many ways to negotiate, and many settings in which to negotiate. We support our clients' negotiations directly with the other party whenever this is possible. Our clients may chose to negotiate with the help of a respected peacemaker such as an elder family member, a trusted counselor, or a minister. Our clients' negotiations are often the most successful in mediation. Mediation is described below.

When these approaches do not lead to settlement, we help our clients continue to negotiate in several ways. We arrange meetings of the parties and attorneys for face-to-face negotiations. If necessary, another person, such as a mediator, can be brought into such meetings to give structure to the negotiations. At a settlement conference, a judge gives structure to negotiations. In some cases, it is best for attorneys to meet in person without our clients present to continue negotiations on our clients' behalf. Finally, it is common practice, but slow and expensive, for attorneys to negotiate through correspondence.