What is Negotiation Counsel?
Negotiation Counsel is a negotiation expert who helps companies secure prompt, reasonable, and humane settlements of claims involving serious accidents and other disputes.
Jim Golden developed the Negotiation Counsel Model® which combines state-of-the-art theory with genuine empathy and extensive real world experience in high-stakes negotiations. Litigation is often avoided altogether or substantially shortened. Prompt win-win agreements, lower transactional costs and decreased secondary harms for claimants often result. Working in cooperation with the client’s local counsel, he represents trucking companies operating some of the largest fleets in the United States.
Benefits of the Negotiation Counsel Model® include:
- Settlements that occur months or years earlier than normal, resulting in early settlement discounts that benefit clients and their insurers
- More humane treatment of people affected by serious accidents
- Fewer suits filed, fewer letters of credit, and lower insurance premiums
- Less time and fewer resources devoted to depositions and other discovery
- Lower attorney and expert fees
- Customized win-win settlement packages
When is Negotiation Counsel Retained?
As Negotiation Counsel, Golden usually becomes involved in a claim soon after the accident. This allows a full range of preventative measures that tend to save time, energy, and lesson acrimony. In addition, in his “fireman” role, Golden is retained to promptly settle older claims on reasonable terms. For instance, he recently arranged the settlement of a complex lawsuit within 60 days of being hired. Six law firms had represented the two parties in the suit, which had been ongoing for several years.
Does Negotiation Counsel replace the traditional Defense Counsel?
Jim Golden does not replace the clients’ defense counsel and the clients’ employees continue to direct the claims resolution process. Defense counsel manages the investigation, provides legal advice and represents the client in litigation if suit is filed. Negotiation Counsel creates a separate negotiation track. This division of labor between Negotiation Counsel and defense counsel allows the client to explore early reasonable settlement options without creating the impression that defense counsel lacks the ability or willingness to zealously prosecute the litigation if forced to do so.
How does Negotiation Counsel negotiate a settlement?
Golden has lengthy face-to-face meetings with claimants and their counsel, expresses genuine sympathy for tragic losses, and indentifies interests and obstacles. Acting in cooperation with the company and its defense counsel, Negotiation Counsel develops a customized settlement package, schedules mediation months or years earlier than normal and facilitates a reasonable agreement. The work of Negotiation Counsel goes far beyond normal empathetic claims handling.
See the difference :
Without Negotiation Counsel:
In this role-play, Jim Golden and an actor demonstrate an adversarial conversation between defense counsel (played by Golden) and plaintiff counsel (played by Tom Babson). Depicted here is an unproductive conversation that creates obstacles to an early reasonable agreement. Thus, it is the opposite of what Jim Golden does as Negotiation Counsel.
With Negotiation Counsel:
This companion video demonstrates a more productive conversation where Negotiation Counsel is employed. In this role-play, Jim Golden and Tom Babson demonstrate a typical conversation between Negotiation Counsel and a plaintiff attorney.