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Negotiating Terms for Unknowns: Contingent Agreements, Escalation Clauses, and Triggers
One of the hardest moments in mediation comes when everyone in the room agrees on most of the deal—but not on the future. “What if the other claim/lawsuit isn’t successful?” “What if someone objects?” “What if the regulations change?” “What if the lien can’t be resolved?" These aren’t side issues. In many modern disputes—business, insurance, bankruptcy, construction, environmental—the unknowns are the case. And when lawyers treat uncertainty as something to be resolved rather
Cooper Shattuck
Mar 53 min read


Argue Less, Negotiate More: The Hamilton Guide to Mediation
The goal of mediation isn’t to win the argument; it’s to find a resolution that both sides can live with.
Cooper Shattuck
Sep 24, 20244 min read


Cooper's Mediation Resources - Never Split the Difference: Negotiating as if Your Life Depended on It
While I usually take this opportunity to discuss mediation cases, I wanted to broaden the topic today to discuss a helpful resource.
Cooper Shattuck
Aug 27, 20242 min read


The 8 P's of a Successful Negotiation Potluck
Successful negotiations are much like those old school, covered-dish lunches – you have to make a meal out of what everyone brings to the ta
Cooper Shattuck
Apr 24, 20183 min read
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