WORKSHEET - NEGOTIATION PREPARATION (PLAINTIFF)

CONFIDENTIAL - DESTROY ALL COPIES AFTER USE                             FORM 12.80

Case:

1. What is our minimum settlement point (the lowest acceptable)?

2. What is our target point (the best achievable result)? Is the target high enough? (Never commence a negotiation until the best achievable result goal has been set.)

3. What is our estimate of the defendant's maximum settlement point (highest acceptable result for him)?

4. What is our estimate of the opponent's target point (what he thinks is his best achievable result)?

5. What is our view of information to be gained during the negotiations?

6. What is the information we are willing to reveal during the negotiation that the opponent does not yet know about?

7. What is our factual and legal leverage with respect to each issue? (Prepare logical explanation supporting each strength; anticipate ways in which weaknesses may be minimized.)

Issue                                                                                    Leverage

8. What is our opponent's factual and legal leverage regarding each issue?

Issue                                                                                     Leverage

9. What are our negotiation agenda and tactics? (Plan anticipated concessions carefully so that there are principal explanations for each planned concession.)