Credible settlement leverage requires genuine willingness to proceed to trial

Evidence

Their only sane option, as Schlichtmann had realized after his sleepless night in New York, was to try to settle with W. R. Grace now, before the judge began dismissing leukemia claims. But to negotiate a settlement, they had to be prepared to go ahead with the trial. Grace had to believe they were willing to go ahead, and for Grace to believe that, they had to make themselves believe it, too. “You can’t settle without a commitment to going on,” said Phillips. — Jonathan Harr, A Civil Action, 2447

Categorization

• corroborated: 2 independent passages support this claim — Jonathan Harr, A Civil Action, 2447
• XREF: connects to: Negotiators insist settlement floors must reflect honest case valuation, not panic — Jonathan Harr, A Civil Action, 2465; Settlement terms can be engineered to publicly obscure a defendant’s guilt — Jonathan Harr, A Civil Action, 2600; Credible commitment requires proof beyond mere assertion of intent. (+5 more)

Library Connections

• Negotiators insist settlement floors must reflect honest case valuation, not panic #corroborates (0.85) — Jonathan Harr, A Civil Action, 2465
• Settlement terms can be engineered to publicly obscure a defendant’s guilt #contradicts (0.80) — Jonathan Harr, A Civil Action, 2600