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Negotiating and Settling Tort Cases: Evaluating the Case, Making the Demand, Bargaining Directly or in Mediation

Creating Strategies, Making Opponents More Receptive to Proposals, and Preparing Antidotes for Hard Bargaining Tactics

Recording of a 90-minute CLE video webinar with Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Conducted on Thursday, January 11, 2024

Recorded event now available

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This CLE webinar will discuss strategies and techniques that lawyers can use to increase their chances of securing better settlements (considering amounts and timing of settlement). The program will discuss determining the right settlement amount, how to evaluate when settlement offers a better financial outcome than trial, how to structure a settlement, and will offer instruction on persuasive negotiation techniques, whether engaging in distributive "fixed pie" bargaining, more integrative bargaining, or a hybrid of both. The panel will also discuss how to adapt these tools to various stages of the case. Finally, the program also will be of keen interest for policyholder coverage lawyers as well as insurance claims professionals.


The reality is that most lawsuits settle. Thus, just as every case should have trial themes and discovery strategies, each one should have a settlement plan and strategy. But most lawyers mistakenly assume that what persuades a jury will persuade opposing counsel or meet the needs of the defendant’s insurers, who may or may not be present, and whose checkbooks will fund the settlement.

An overall settlement strategy needs to be developed based on numerous obvious and not-so-obvious factors. Although the parties may frequently be attempting to divide a fixed sum, such as the defendant’s insurance proceeds, some options may exist to expand the pie or the people adding to it.

Listen as this premier panel of experienced negotiators and litigators offers guidance on practical actions that personal injury attorneys can take to make their opponents more receptive to their proposals.



  1. Evaluating when settlement is a better alternative
  2. Settlement strategies and styles in personal injury cases
    1. Reactive
    2. Strategic
    3. Fixed-pie bargaining
    4. Integrative bargaining
  3. Impediments to settlement
  4. Techniques and strategies for influencing negotiation
  5. Dealing with threats, extreme demands, or unethical behavior


The panel will review these and other issues:

  • What is the difference between a negotiation strategy, negotiation style, and influence?
  • Is it possible to employ deal-type negotiation strategies in personal injury cases to make the pie bigger?
  • How can the plaintiff (and the defendant itself) put pressure on the defendant’s insurers to settle the case?
  • When is it useful to engage a third-party neutral?


Hausner, Stacie
Stacie Feldman Hausner, Esq.

ADR Services

Ms. Hausner, Esq. has mediated full time since 2015. She has successfully mediated more than 1,000 cases in the areas...  |  Read More

Kornblum, Guy
Guy O. Kornblum

Guy O. Kornblum

Mr. Kornblum has specialized as a trial and appellate lawyer for 40 years. He has handled over 3,500...  |  Read More

Mayerson, Marc
Marc S. Mayerson

The Mayerson Firm

Mr. Mayerson specializes in complex insurance-coverage disputes including litigation, settlement and advice, and...  |  Read More

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