8/10/2019 Takeaways on Civil Action
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In arriving at a settlement, both parties must be open to the
idea of sharingtheir underlying interests. Unlike in a trial, the
settlement process is not the venueto scheme and develop tactics in
order to pressure the other party to accede toenormous and
far-fetched demands. Openness should prevail during the entire
process. Although, it may be difficult for a lawyer to put his
client in adisadvantage in the course of presenting these
underlying interests such as whendoing so will prove that initial
offers are too exorbitant, this is only incidental tothe whole
negotiation process. arties in entering into a settlement must be
open toad!usting or losing some of their demands for the sake of
finally putting the issueto rest. It"s an example of a classic
give-and-take scenario which results tocontentment, if not
satisfaction, on both sides. #he essence of openness is not totrick
the other to give you what you want, but to make the other
understand whatyou need.
In the movie, $an wanted to extort as much money as possible
from thecompanies, thinking that the latter would give in to their
demands to avoidnegative publicity attendant to a full-blown trial.
%owever, things did not go as he
planned. #he companies did not fall in his trap and decided to
go to trial. If $an wasnot that stubborn, they could have settled
the case early on and avoided beingdrowned in debt.
Another key to a successful dispute resolution is to view it as
a problem-solving mechanism. It is not a contest where the party
with the more convincing or more preponderant evidence wins. $oint
efforts should be exerted by both parties to
figure out the root problem. It is only in this way that the
interests or needs of both parties can be definitely addressed.
&uring these settlement processes, lawyers must be aware of
the ultimateinterests of their clients. It"s not all about the
money or the restitution or reparationof things lost. It may be all
about strained relationships, broken promises and thelike. A party
may not be really interested of the amount of damages he can rake
in
but may only want a simple but sincere apology from the other
party. #his was oneof the things the plaintiffs in the movie
wanted. #he uni'ue result of alternativedispute resolution
processes is that emotions are addressed. #his may prove to be
more lasting than the mere receiving of monetary compensation.
Unlike in court processes where meaningful apologies are rare,
apologies can best be found innegotiations and mediations where
both parties can easily ventilate their opinions,views and feelings
on the matter. %ence, they make the most of the settlement.
Itaddresses not only their physical needs but also the emotional
aspect of the disputeor conflict.
(inally, it must be born in mind that in alternative dispute
resolution, thewinner does not take it all. #here is no sole
winner. )oth parties aim to be winnersin the settlement. #his goes
back to an ideal give-and-take situation. #he parties
must be prepared to make a compromise in order to get the best
settlement thattheir circumstances can offer. An ideal A&*
process leaves the parties after theconflict to a better situation
and more importantly, A&* makes both sides winners.
+O*A A AU#
