Hon. Patrick J. Sherlock, (Ret.), senior mediator and arbitrator at ADR Systems, recently published an article in the Chicago Daily Law Bulletin. His article, In-Depth Knowledge of Facts, Law Needed to Avoid Settlement Traps, explains five common negotiation mistakes and how skilled mediators can help parties avoid them to reach resolution.
“Negotiation is often described as an art, but in legal and business disputes, it is really a disciplined science,” wrote Judge Sherlock. “Successful negotiation requires a balance of psychology, legal acumen and strategic concessions.”
He expresses how negotiations often stall when lawyers become entrenched in their positions or fail to remain objective about the strengths and weaknesses of their case. A good mediator, he notes, can challenge assumptions and help the parties reassess whether further litigation serves their clients’ interests.
Read Judge Sherlock’s full article.
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Hon. Patrick J. Sherlock, (Ret.) has over 35 years of experience in litigation matters, garnering a reputation for his work ethic, thoughtfulness and inventive approach to resolving commercial and complex tort disputes. While on the bench, Judge Sherlock presided over and settled many notable cases, including the first baby powder mesothelioma case in Illinois and a multi-billion dollar class action concerning shareholder rights. His rulings have been affirmed by more than 100 appellate court opinions.
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