ch 12

Question 1

is there a procedure for negotiation?

Answer 1

no

Question 2

what parties might want to consider when setting out contract as to negotiation?

Answer 2

agenda setting

seeking and exchanging info

discussion of merits of each case

offers and concessions being explored

as an alternative, deadlock or failure to agree

Question 3

when will court enforce negotiation agreement?

Answer 3

clear terms

Question 4

what is a JSM?

Answer 4

joint settlement meeting

Question 5

how do JSMs happen?

Answer 5

parties attend, lawyers and rep of insurers

parties in separate room

lawyers in a 2rd room to hold without prejudice discussions