In an article from the Program on Negotiation blog from the Harvard Law School a link is shared to a publication entitled “Effective Conflict Resolution Strategies to Avoid Litigation”. This article summarizes key points from the publication related to this topic. As an outline it suggests:
“Should you negotiate or litigate?” (The publication suggests areas of consideration including doing both)
“Keep communication lines open
Ask other parties to mediate
Don’t lose sight of your underlying interests
Understand your lawyer’s role and perspective
Dealing with Difficult People
Build a golden bridge
Listen to learn
You don’t have to like them
Create value out of conflict
Capitalize on shared interests
Explore differences in preferences, priorities, and resources
Capitalize on differences in forecasts and risk preferences
Address potential implementation problems up front”
This nice concise seven page publication offers key points relative to anyone in a negotiation. I suggest you download the article and consider the points made with any negotiation.