Let's say you’ve decided to initiate settlement negotiations even though the other side hasn’t shown any interest at this point.

Teddy Snyder

You could ask them to make an opening demand or offer. You might not get any number in response. Or you might get something that is clearly a nonstarter. (I once conducted a mediation where the defense’s opening offer was that the plaintiff should pay them; the settlement didn’t end that way.)

Don’t stop communicating even if you get an outlandish response. Instead of responding with something equally outlandish, explain that you have not initiated negotiation as a battle, but to collaboratively conclude the dispute. Talk in detail about how you have reached the number you are putting on the table and ask questions about your opponent’s evaluation methodology.

An opponent’s extreme position could mask a lack of preparation. Perhaps that person is not ready to negotiate for another reason.

Don’t abandon the effort. Ask questions to define a timeline when meaningful negotiations can continue. Talk about scheduling a mediation.

Attorney Teddy Snyder mediates workers' compensation cases throughout California. She can be contacted through snydermediations.com.