Through the Litigation Looking-Glass

Are you ready to go through the litigation looking glass?

The landscape of litigation should be factored into your negotiation & dispute resolution strategy, since it truly is another world, devoid of logic sometimes.

Take into account the:

Process: The journey has many unexpected twists and turns, with procedural delays that can drag on the process. Posturing caused by escalation can also lead to irrational and vengeful tactics entrenching the conflict dynamic.

Experts: Eventually, everyone needs to find order in the chaos, and who better than the "Mad-Hatters," experts in that particular environment to make sense of the seemingly illogical. The costs of experts and their involvement does complicate the dynamic and adds more layers to consider.

Evidence: The “lens of evidence” filters the facts and prism of reality, such that the facts that you think will be presented in a courtroom aren't what are actually presented. Filtered facts & evidentiary rulings can skew the “reality.”

Bias: Human bias of the judges and jury can be seminal, leading to errors and unfair outcomes sometimes."Off with your head!" could be what you hear from a judge or jury, even if it doesn't make sense.

How do you develop your negotiation strategy to account for these factors?

Process: Seize control and speed-up the settlement process by exploring alternative dispute resolution early in the dynamic

Costs: Decrease your offers & increase concessions, accounting for the “buy-in” as time passes

Evidence: Reality check yourself, so overconfidence and pride don’t cause over-estimation of how the facts will be favorable

Bias: Minimize unknown variables and risks associated to human moods and heuristics by controlling the process through Mediation or Facilitation

Next time you’re faced with a legal conflict, look through “the looking glass” to see the litigation landscape, so you can optimize your negotiation & dispute resolution strategies. Now, go follow the "White Rabbit" through the litigation looking glass towards a settlement!