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Understanding Negotiation and Litigation with a San Jose Business Litigation Attorney

Deciding when to negotiate and when to litigate a business dispute is not as easy as one might think; indeed, it requires an ability to read all aspects of the situation. A San Jose business litigation attorney will have developed this ability from years of practice.

Issues That Affect Negotiations

A dispute between businesses can be likened to a game of strategy where deep thinking and predicting the moves of the opponent come into play. Your San Jose business litigation attorney will tell you that it is essential to understand the motives of the opponent, as well as their strategy. That said, there are certain basic matters to consider that can demonstrate whether or not negotiation is appropriate, or even feasible.

Consider the following:

If an offer is made, is it too early in the process to be taken seriously? Your San Jose business litigation lawyer may determine that it is better to hold out and engage in some discovery first. This could bring to light information that is damaging to the other side.
Has an offer been made, and if so, is it reasonable? An offer that is extreme generally suggests that the other side is not going to negotiate in good faith. In such a case, litigation may be the only option.
Is a compromise possible? Some business disputes cannot be settled through compromise. Moreover, in some cases one side may be unable to overcome their emotions and negotiate with a level head.

Common Ground

Ultimately, whether or not negotiation is appropriate depends upon the ability of the two sides to find common ground. Some disputes are more conducive to negotiation than others. A skilled San Jose business litigation attorney may be able to distinguish between a case not worth negotiation and one that can yield fruit.