Negotiation and Facilitation in Judicial Settlement Conferences (JSC)
Negotiation
Negotiation is a method of dispute resolution in which the parties or their lawyers engage in a process aimed at reaching a mutually satisfactory negotiated solution to a dispute.
Facilitation During Judicial Settlement Conferences
Drawing on my experience in civil and commercial litigation, I am able to assist the parties and facilitate discussions during a Judicial Settlement Conference (JSC), a private dispute resolution process in which the settlement conference judge appointed by the court in a litigated matter plays a passive role in seeking a negotiated solution.
The negotiating lawyer’s role is to:
In the negotiation process, the negotiating lawyer acts in the sole interest of his client. He is not neutral.
- Analyze the client’s case to identify the best negotiating approach
- Assist the client in properly evaluating the best alternative to solving, including the costs and risks associated with their case
- Make recommendations to the client regarding the opportunity and modalities of offers and counter-offers to present or accept
- Suggest creative and original solutions
- Prepare and present offers or counter-offers to the solving, either in written form or during negotiation meetings
- Draft and review settlements so they are enforceable
Why choose us to negotiate?
Your lawyers from Décarie Lawyers truly know their cases, with their true strengths and weaknesses, and cases’ and clients’ challenges.
When they are ready for combat, they are often the best to negotiate advantageous settlements with the opposing party. Since they act according to an objective and profound analysis of the case, they are not vulnerable, should the final offer presented by the opposing party not be reasonable.
In fact, when the mandate is given, they will go plead your case with fighting spirit and resilience, with the conviction that they did everything they could to settle to your advantage, but that it was simply not possible.
