Foundations Chapter 5 PowerPoint

1

What are Pre-
Filing Informal
and Formal
Settlement
Chapter 5 Negotiations?




2

Factors for
Pre-Filing Informal and Consideration


Formal Settlement 3


Negotiations Driving Forces



4

Strategy for
Settlement



5

Demand Letters








© 2018 UEducate

1

Definitions
Section 1


2
Role of the

What Are Pre-Filing Informal Paralegal


and Formal Settlement 3

Ethics
Negotiations?

4
What is Conflict?


















© 2018 UEducate

1| What Are Pre-Filing Informal and Formal

Settlement Negotiations:

Definitions



















 Settlement negotiations

are a form of ADR



 Most cases settle before

ever going to trial


 Motivations for settling



















© 2018 UEducate

1| What Are Pre-Filing Informal and Formal

Settlement Negotiations:

Role of the Paralegal





















 Due diligence


 Practice excellent


communication skills


 Remember ethics




















© 2018 UEducate

1| What Are Pre-Filing Informal and Formal

Settlement Negotiations:

Ethics

















 Avoid frivolous


allegations or demands


 Be diligent and


competent


 Keep the client updated




















© 2018 UEducate

1| What Are Pre-Filing Informal and Formal

Settlement Negotiations:

What is Conflict?



















 Define conflict


 Variables involved in


conflict


 Ways to resolve

conflict



















© 2018 UEducate

Section 2 1
Tangible Factors



2
Factors for Consideration Intangible

Factors

























© 2018 UEducate

2| Factors for Consideration:

Tangible Factors






















 Identify the true issue


 Available remedies



 Cost-Benefit analysis


 Likelihood of “winning”



















© 2018 UEducate

2| Factors for Consideration:

Intangible Factors























 Dynamics


 Personality traits



 Interpersonal

communications



















© 2018 UEducate

1
Timing



2

Procedural Rules



Section 3 3
Client Needs



4
Driving Forces Firm Resources




5
Costs



6

Witness
Availability










© 2018 UEducate

3| Driving Forces:

Timing


















 Timing based on client’s


needs


 Timing impact on fees


and costs


 How do procedural rules


impact timing?
















© 2018 UEducate

3| Driving Forces:

Procedural Rules



















 Are there mandates for


formal ADR before

litigation can be filed?



 Admissibility parameters


 Which procedural rules


are binding?















© 2018 UEducate

3| Driving Forces:

Client Needs



















 What are the concrete

needs?


 What are the more


esoteric needs?


 Can the needs be


substantiated?
















© 2018 UEducate

3| Driving Forces:

Firm Resources






















 Workload availability


 Financial means



 Level of case

complexity




















© 2018 UEducate

3| Driving Forces:

Fees and Costs





















 Contingency fee

agreements



 Is there a need for

expert witnesses?


 Unique costs


















© 2018 UEducate

3| Driving Forces:

Witness Availability






















 Time constraints


 Geographic constraints



 Scheduling constraints























© 2018 UEducate

1
Compartmentalizing
Section 4 and Evaluating



2
Strategizing

Strategy For Settlement 3


Evaluating
Communication
Options




















© 2018 UEducate

4| Strategy for Settlement:

Compartmentalizing and Evaluating





















 What are your best

leveraged positions?



 What are the damages?


 What remedies are


available?

















© 2018 UEducate

4| Strategy for Settlement:

Strategizing





















 Positioning opportunities



 Adjusting around new

intelligence



 Timing of a lawsuit, if

any

















© 2018 UEducate

4| Strategy for Settlement:

Evaluating Communication Options


















 How to communicate

an offer (written or


oral)


 Prolonging the


process


 Avoid piecemeal

communications














© 2018 UEducate

Section 5



All About
Demand Letters
Demand Letters




























© 2018 UEducate

5| Demand Letters:

All About Demand Letters



















 Purpose of a demand


letter


 What to include in a


demand letter


 Preparing the client for


a demand letter















© 2018 UEducate

Section 6



Foundations I
Assignment 2
Assignment




























© 2018 UEducate

6| Assignment:


Foundations I Assignment 2







Demand Letter (template)








You have been tasked with drafting a Demand Letter for your


Foundations client. Prepare a Demand Letter for your client


based on the facts provided in their background profile using


the provided template.







Be sure to review the Rubric as part of your assignment


preparation. The Rubric is posted in the Announcements, and is


viewable in the assignment.








© 2018 UEducate