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Negotiation and Settlement
Better is halfe a lofe than no bread. English ColloquialSaying Lawyers resolve most of their cases-85 to 90 percent of them-by negotiation and settlement. This is because settlement is a speedier and less costly way of resolving disputes than trial and involves no appeal. Settlements also sometimes provide a more satisfactory result, and they remove an otherwise intolerable burden from the judicial system. The articles in this issue focus on various aspects of this process. Judge Eugene Lynch begins with a discussion of the role of the court in negotiation and settlement. He examines techniques for both lawyers and judges at the formal conference. Jon R. Waltz and J. Patrick Huston address the importance of the rules of evidence in the settlement process. They focus on Federal Rule of Evidence 408 and analyze the admissibility in later litigation of discussion that takes place during negotiations. Professor James J. White provides both an overview of a range of techniques, or styles, and thoughts about nonverbal aspects of negotiating.
Michael L. Cook and Marcia L. Goldstein treat the
problem of settling with a bankruptcy trustee. They detail the procedure for obtaining court approval of settlement with a trustee and discuss the practical problems involved. Kevin M. Forde treats the problem of settling class actions, where-he points out-the trial is sometimes less complicated than the settlement. Louis M. Natali writes about plea bargaining, a kind of negotiation that may involve a variety of compromises and some acute ethical problems. In their article on settlement of commercial cases, Bartlett A. Jackson and Auban Ann Eisenhardt emphasize that lawyers must continuously assess their cases and advise their client while they advocate the client's position. e. robert (bob) wallach treats settlements in personal injury cases, from preparation to the assessment of "victory." Palmer Brown Madden concludes our theme with an article on drafting settlement agreements. He discusses both controlling legal principles and pitfalls to be avoided in drafting. J. Berry St. John, Jr. Associate Editor