The State Bar Association of North Dakota Spring 2015 Gavel Magazine | Page 15

The most likely result of an extreme number
is to trigger a minimal and reactive response,
rather than productive movement. As
people tend to respond in kind, the typical
progression is a series of reactive moves
that do little to close the gap, but much to
increase a mutual sense of frustration and
futility.
Therefore, my first suggestion is to give
serious thought to the question of where to
start, and do your best to be realistic in the
process. Your first number can convey the
message you believe strongly in the merits
of your case, but it should also indicate
you do want to settle and are willing to be
reasonable in the process. You want to foster
a sense of optimism on the other side, which
will give them an incentive Ѽ