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  • Madsen V Clayton Preparation Worksheet

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    SreePrasanna Lakshmi
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    The plaintiff's goals are to maximize the settlement amount, settle before trial to avoid legal fees, and shorten the timeline. Their best alternative to a negotiated agreement is $284,000, the judge's award less $40,000 in legal fees. Their reservation price is $284,000 and target is $1,000,000. Their opening strategy is to anchor high at $1,000,000 and negotiate down to $300,000 to avoid trial, citing the defendant's negligence.

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    The plaintiff's goals are to maximize the settlement amount, settle before trial to avoid legal fees, and shorten the timeline. Their best alternative to a negotiated agreement is $284,000, the judge's award less $40,000 in legal fees. Their reservation price is $284,000 and target is $1,000,000. Their opening strategy is to anchor high at $1,000,000 and negotiate down to $300,000 to avoid trial, citing the defendant's negligence.

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    110 views2 pages

    Madsen V Clayton Preparation Worksheet

    Uploaded by

    SreePrasanna Lakshmi
    The plaintiff's goals are to maximize the settlement amount, settle before trial to avoid legal fees, and shorten the timeline. Their best alternative to a negotiated agreement is $284,000, the judge's award less $40,000 in legal fees. Their reservation price is $284,000 and target is $1,000,000. Their opening strategy is to anchor high at $1,000,000 and negotiate down to $300,000 to avoid trial, citing the defendant's negligence.

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    Preparation Worksheet

    Your Name: Negotiation Exercise: Madsen v. Clayton


    Your Role: Plaintif

    SELF OTHER
    PRIORITIZED
    INTERESTS & #_1__Maximize the settlement #___
    POSITIONS

    #_2_settle before it goes to trial #___

    #_3_Shorten timeline to avoid legal fees #___

    #___

    BATNA The Judge’s Award less 40,0000

    RESERVATION $284,000
    PRICE

    TARGET/ $1,000,000
    ASPIRATION

    WHAT IS YOUR OPENING MOVE? INITIAL STRATEGY AND CONTINGENCY PLANS:

    Anchor high, and come down to $300,000 before going to Trial. Cite negligent maintenance of property that led to the
    destruction of the plaintif’s dreams, and that it is in defendant’s interest to settle this before trial as a judge is going to see an
    expert’s failure to maintain their own property as egregious and will award the plaintif a substantial sum.

    This study source was downloaded by 100000845497853 from CourseHero.com on 01-14-2024 18:28:36 GMT -06:00
    1. If this case goes to trial on the issue of physical pain and suffering and mental anguish, what is your best estimate of the amount
    the judge has awarded?

    Estimate - $324,000

    2. Briefly describe how you arrived at your estimate of the Judge’s award?

    (Treble the medical costs of $108,000 – courts like to use some figure as a baseline in deciding these types of cases to give the
    air of rationality) and based on the property being owned by the defendant and the defendant being an expert in the field, I
    would say that a Judge would want to set some sort of example of the defendant so something like this does not happen again.
    Compounding factors that increase the award would include the age and profession of the plaintiff, his inability to play the
    guitar and the negligence of Clayton in not acting to prevent cars from parking illegally on his property or maintaining grates on
    his property.

    3. What amount of money would be most fair for you to receive for physical pain and suffering and mental anguish?

    Fair Amount – $500,000

    4. Suppose the defendant were to make you a “take it or leave it” offer in the first period. Furthermore, the defendant will make
    offers of zero in periods 2, 3, and 4, ensuring that if you do not accept the offer in the first period you will go to trial (and pay
    $40,000 in legal costs). Under these circumstances, what is the minimum amount you would accept from the defendant in order
    to settle the case and not go to trial?
    Minimum Amount - $250,000 (this is a fair amount which I do not see a court going below and I would accept this
    amount to reduce the uncertainty of the potential award)

    This study source was downloaded by 100000845497853 from CourseHero.com on 01-14-2024 18:28:36 GMT -06:00
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