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The Basics: Negotiation, ADR, and Settlement

1.5 hours MCLE Credit

 

About 95 percent of pending lawsuits end in a pretrial settlement.  While some cases go away on their own—they are abandoned, refiled, or merged into others—a substantial portion are settled.  Indeed,  business litigators can practice many years before ever actually going to trial. Costs certainly play a big factor in why cases don’t make it to trial.  Another big factor is the risk-to-reward ratio.  It simply doesn’t pay to go to trial under many circumstances.  Often times the amount possibly won at trial will not be much more than a settlement offer.  Every business litigator should be prepared for settlement negotiations and alternative dispute resolution options.  After weighing the evidence that has been exchanged and the decisions on pretrial motions, settlement may be your client’s best option.

Part 7 of 8 in our The Basics: Business Litigation series.

About 95 percent of pending lawsuits end in a pretrial settlement. While some cases go away on their own—they are abandoned, refiled, or merged into others—a substantial portion are settled. Indeed, business litigators can practice many years before ever actually going to trial. Costs certainly play a big factor in why cases don’t make it to trial. Another big factor is the risk-to-reward ratio. It simply doesn’t pay to go to trial under many circumstances. Often times the amount possibly won at trial will not be much more than a settlement offer. Every business litigator should be prepared for settlement negotiations and alternative dispute resolution options. After weighing the evidence that has been exchanged and the decisions on pretrial motions, settlement may be your client’s best option.

Program Highlights:

  • Timing of negotiations
  • Should you mediate or arbitrate? Are you required to?
  • Enticements to settle
  • Negotiation planning
  • Opening offers and reading the other side
  • Negotiation styles and techniques
  • Managing your client’s expectations

This is a basic level program. No prior experience in litigation is assumed. Appropriate for attorneys new to litigation, as well as those seeking a refresher.

Watch program speaker Karla Kraft, Stradling Yocca Carlson & Rauth, Newport Beach, talk about what a typical workday is like for her.

On Demand CP53176-191

Recorded 9/16

 

If you are signed in and a CLE Passport holder, your adjusted cost appears below.

$ 99.00

Part 7 of 8 in our The Basics: Business Litigation series.

About 95 percent of pending lawsuits end in a pretrial settlement. While some cases go away on their own—they are abandoned, refiled, or merged into others—a substantial portion are settled. Indeed, business litigators can practice many years before ever actually going to trial. Costs certainly play a big factor in why cases don’t make it to trial. Another big factor is the risk-to-reward ratio. It simply doesn’t pay to go to trial under many circumstances. Often times the amount possibly won at trial will not be much more than a settlement offer. Every business litigator should be prepared for settlement negotiations and alternative dispute resolution options. After weighing the evidence that has been exchanged and the decisions on pretrial motions, settlement may be your client’s best option.

Program Highlights:

  • Timing of negotiations
  • Should you mediate or arbitrate? Are you required to?
  • Enticements to settle
  • Negotiation planning
  • Opening offers and reading the other side
  • Negotiation styles and techniques
  • Managing your client’s expectations

This is a basic level program. No prior experience in litigation is assumed. Appropriate for attorneys new to litigation, as well as those seeking a refresher.

Watch program speaker Karla Kraft, Stradling Yocca Carlson & Rauth, Newport Beach, talk about what a typical workday is like for her.

KARLA KRAFT

KARLA KRAFT

KARLA KRAFT is a shareholder in the Newport Beach office of Stradling Yocca Carlson & Rauth, P.C. She represents public and private corporations, banking institutions, and other organizations and prominent individuals in a broad range of complex and consumer litigation matters. Ms. Kraft also advises and represents companies on employment issues. She frequently appears in both federal and state courts, and has successfully defended multiple appeals in the California Court of Appeal and the Ninth Circuit Court of Appeals. She has been recognized as a Southern California Rising Star in Business Litigation, a Southern California Super Lawyer, and as Coast magazine’s Top Attorney for 2015. In 2010, the Orange County and Long Beach Chapter of the Anti-Defamation League awarded her the Marcus Kaufman Jurisprudence Award for her significant contributions to the community and the legal profession. Ms. Kraft received her B.A., magna cum laude, and her J.D. from the University of Southern California, and continues to be very actively involved in USC Alumni associations and events.

Products specifications
PRODUCT GROUP CLE
SUBTOPICS General Interest
PRACTICE AREA Civil Litigation & Torts
Products specifications
PRODUCT GROUP CLE
SUBTOPICS General Interest
PRACTICE AREA Civil Litigation & Torts