AGREEMENT 
Saturday, November 23, 2013, 11:06 AM
Posted by Administrator
There is agreement or, as lawyers would have it, "A meeting of the minds." every time we agree to settle a case, sign a deal to buy a house, fork over $1.75 for a Coke. Both sides agrees on a price and terms of sale ("Also, I need you to open the coke bottle for me.") and a deal is done.

Please accept for a moment that the instant you agree to a deal is usually a moment of insanity. Not murderous insanity but toss-your-normal-inhibitions-out-the-window-for-a-moment insanity. Since nobody really "needs" a brand new Audi Coupe for $83,000, no rational person would ever buy one...but people buy them every day, frequently committing to 5 or 6 years of monthly payments. And, the next day, almost all of them get "buyer's remorse" when they question their decision to buy in the cold-logical light of the next day. Buyer's remorse is that uncomfortable feeling we get when we think about that moment of insanity that caused us to buy the car we didn't need or settle the case for a lot less than we walked into mediation thinking we would walk away with. Buyer's remorse does not usually apply to the purchase of the Coke, unless it is an all-the-time thing and the buyer's waistline grows.

Lawyers looking to settle (even your own lawyer looking to get you to settle); salespeople; negotiators; mediators all look to promote the moment of insanity without which the sale won't happen or the case won't resolve and will have to go to trial. Some methods to achieve the MOMENT are:
1) Keep the process going for a long time (Ever notice that nobody at the car dealership is eager to let you leave? I once spent a day at a Lexus dealer waiting for lunch to come....and then waiting for the TV raffle). Mediation for lawsuits works the same way----6 hours in? You may be just getting started.
2) For sales, tell your customer that someone else is very interested and that if they don't buy now, the item will likely be gone. (When I last looked for office space in downtown WPB, every rental agent ---except my present landlord--- told me "We've given a lease for the space to someone else....whoever gets it signed and back to me first gets the space." Most of the locations that were attached to that story were still vacant 18 months later.)
3) Low blood sugar? Gotta get out of there? I really, really like the mediator and don't want to disappoint her. I don't want to look indecisive. I don't want to look cheap or look like I can't afford it. Going to court is scary.

On the other hand, if we didn't forget reason for a moment and take the other side's offer, all lawsuits would go to trial and we'd all be driving 2001 Hyundias.


add comment ( 21 views )   |  0 trackbacks   |   ( 2.9 / 870 )


<Back | 1 | Next> >>