When the other side treats financial information as if it were a highly classified government secret, settlement is less likely. Mistrust is not conducive to settlement. After all, you know what they will need to settle the case. Tell the other side that you are voluntarily providing the information to promote an atmosphere for settlement and to save costs for both parties. Explain that the information is not exclusive and that your client will be pleased to provide any additional relevant information that you might have inadvertently omitted.
Some lawyers seem to fear that taking the first step toward settlement is a sign of weakness.
As result, some cases sit and wait, even though a settlement conference could begin the process of resolution. To miss the timing because of fear of appearing weak does one s client no good. To put it another way, someone has to take the first step, or no case will ever be settled. Viewing this first step as a sign of weakness is an indication of insecurity on the part of the lawyer. Never Negotiate Backwards Backwards negotiating is what occurs when subsequent offers are further away from settlement than previous offers.