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The art of settlement: top arbitration negotiation tips


The majority of cases are actually resolved through some form of settlement, whether in a court or arbitration setting. However, parties must perform a continual cost-benefit analysis from the onset of the dispute to the award stage to reach an optimal settlement. This article gives a practical perspective on keys to effective negotiation before and during an arbitration proceeding.

For example, bringing an injunction to encumber an adversary's property can safeguard assets that might otherwise be fraudulently conveyed while also providing negotiation leverage. Additionally, the sprawling, cross-border nature of many companies, business and contracts means a plaintiff may be well-advised to pursue dispute resolution and assets in multiple jurisdictions rather than seeking arbitration in only a single jurisdiction.

To read the full list of tips, click 'View Briefing'.

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