The State Bar Association of North Dakota Spring 2015 Gavel Magazine | Page 16

too soon or too precipitously.
In truth, a final offer is rarely taken as such.
Even if the opposing party is willing to cave,
they will likely counter first. This can create
a potentially fatal impasse when settlement
was within reach. You can’t respond to
the counter without destroying credibility.
If your final number doesn’t change, the
opposing party is now forced to negot X]B