NEGOTIATION ESSAY
To date, you have studied interviewing and negotiation and have engaged in the process of discovery to learn certain information about what occurred in The Hot Spoon on that fateful, rainy day. For our purposes here, it will suffice to understand that the process of “discovery” allows attorneys to access information about the facts surrounding the case in formalized processes from the opposing sides in a lawsuit.
Based on your readings, discussions with classmates, and videos, set forth a negotiating strategy or strategies that you might take with an eye towards resolving this case in your client’s favor. It might be helpful to again review the facts of the case before developing your negotiation strategy. Having a full command of the facts of the case is essential to advocating effectively on your client’s behalf.
Specifically, prepare an essay of 500-750 words responding to each question raised in the assignment.
How would you approach each opposing party? Remember both Mrs. Pots and Mr. Jones are represented by counsel. Keep in mind that the interests of each may not be the same. Also, keep in mind your “theory of the case.” Your theory of recovery in the case is that Jones and Pots are jointly and severally liable for Emma’s injuries.
Please review the case facts to make sure you understand the theory of joint and several liability.
In your essay, be sure to discuss how the facts of the case support recovery for Emma.
Though your goal may be to settle this lawsuit without going to court, your negotiations need to have a viable legal basis before any opposing counsel will seriously consider settling this case.
You also are concerned that Emma will be found liable for the injuries to Mrs. Pots caused by her dog, Horton.
Are you going to fashion one overall negotiating strategy to deal with Emma’s potential recovery and liability or are you going to negotiate the potential liability separately from the joint and several liability theory of recovery?
What advantages flow from each negotiation strategy?
What potential disadvantages flow from each strategy?