Structured Negotiation can spare your clients the pain and cost of litigation … before it puts their business at risk.
You or your client has a dispute with someone. Traditionally, that means a demand letter with a complaint soon to follow and then generally, years of litigation. Structured negotiation is a collaborative alternative that resolves disputes expeditiously and permits businesspeople to focus on business, instead of protracted litigation.
As an alternative to a demand, a structured negotiation begins with a letter that describes the controversy and seeks to engage the recipient in searching for a resolution. The participants agree to exchange information and work together to solve the problem or compensate the injury. During the structured negotiation, litigation rights are preserved and available to the participants, but litigation is disfavored. The parties are encouraged to first explore alternatives such as negotiation, mediation and a neutral evaluation, while seeking a resolution that benefits all parties.
Instead of a publicly filed “complaint” that is met with a “defense” and the hardening of positions as the parties prepare for litigation, the participants calmly and discretely explore solutions. Decision makers are afforded an opportunity to thoughtfully consider the time, expense, risks, and potential benefits of litigation before the parties are compelled to formally assert and defend their positions.