Victory Through Compromise: Lessons From Negotiated Settlements

Product liability and mass torts associate Elie Biel authored an article for the American Bar Association’s Mass Torts Litigation Committee that outlines strategies attorneys may consider using when attempting to resolve disputes before trial.

Biel poses the question, “What is winning?,” and states that winning requires strategic thinking, thoughtful preparation and effective execution of the plan. He provides thoughts to consider on topics of compromise, preparedness, honesty and more that may help attorneys prepare for mediating a case or negotiating directly with opposing counsel.

The article notes that there is no one-size-fits-all for attorneys to follow when negotiating and highlights the importance of asking the client for permission if unsure of whether to act.