Global negotiation involves the defendant and plaintiff leadership negotiating a structure covering filed and unfiled claims, addressing fund amount, eligibility and injury criteria, tier values, participation thresholds, and administration.
Court-appointed settlement facilitators frequently participate.
Alternative Names:
Global Settlement Negotiation, Aggregate Resolution Talks
Why it Matters?
Negotiating structure before amount produces better outcomes than the reverse, because eligibility and injury criteria determine how many claimants share the fund and therefore what any given amount delivers per claim. Defendants agreeing a number first lose leverage over criteria that follow. Participation thresholds and walk-away rights are the other provisions determining whether the deal actually achieves peace.
Frequently Confused with
Related terms
Frequently asked questions
Should structure or amount be negotiated first?
What determines whether the deal achieves peace?
