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B Negotiation Theory and Strategy
Evaluating a Case for Settlement
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accept adversary amount assumptions attorney authority award back pay bargaining BATNA behavior bottom line Brer Fox Brer Rabbit claim client competitive theory conflict cooperation costs counsel court outcome decision defendant's discussion dispute district court effect ethical evaluation example expected value fact fair faith favorable Federal Rules fees filed Getting to Yes impact insurance company issues judge judgment judicial jury lawyer liability litigation Mary Carter agreements ment needs NOTES AND QUESTIONS Oat Corporation offer of judgment opening offer opponent participation parties Pennzoil personal injury plaintiff player position possible prejudgment interest pretrial conference Prisoner's Dilemma problem Procedure punitive damages rational reasonable Red Owl relationship representative response result risk risk averse Roger Fisher role Rule 16 Rule 68 sanctions settlement conference settlement negotiations settling defendant side side's situation skills strategy tactics Texaco threat tion trial U.S. Supreme Court William Ury