Page 24 - Becoming a Better Negotiator

damages that are not recoverable under the contract. This should be communicated through expressed rejection but also in the number that you are willing to offer. In the face of an out of bounds demand, it is possible for the response to anchor the negotiations even though it would not be the first number offered.
In the face of an out of bounds demand, it is possible for the response to anchor the negotiations even though it would not be the first number offered.
Bring The Decision-Maker
As discussed previously, coming to a mediation without authority to settle or without the actual decision- maker may be considered a negotiating trick. This is unlikely to advance the purpose of the negotiation. In some cases, failure to bring the decision-maker will be perceived as a lack of respect and/or sincerity about the party’s commitment to the process. In many jurisdictions, a person with authority to settle must be present during the negotiations. Of course, this begs the question of what the term means. Virtually anyone in an organization has authority to settle at some level. Must a defendant send someone with authority to settle at the plaintiff’s demand? Even if the defendant has no intention of ever satisfying that demand?
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