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13 Harv. Negot. L. Rev. 211 (2008)
The Negotiation Counsel Model: An Empathetic Model for Settling Catastrophic Personal Injury Cases

handle is hein.journals/haneg13 and id is 213 raw text is: The Negotiation Counsel Model: An Empathetic Model for Settling Catastrophic Personal Injury Cases Jim Golden,* H. Abigail Moy, and Adam Lyons Introduction ........ .................................. 212 A. An Example of the Negotiation Counsel Model .... 212 B. The Traditional Model and the Need for Innovation ........................................ 215 I. The Trucking Industry and the Negotiation Counsel Model in Catastrophic Injury Cases .......... 217 A. Background on the Trucking Industry ............ 217 B. Covenant Transport .............................. 218 II. Implementing the Negotiation Counsel Model ........ 219 A. Gaining the Support of Senior Management ...... 219 B. Early Investigation, No-Strings-Attached Assistance, Face-to-Face Meetings, and Information Exchanges ........................... 220 C. The Negotiation Counsel's Conduct: Relating to Attorneys and Claimants ......................... 224 1. Professional Relationships .................... 224 2. Conduct and Contact ......................... 225 D. Crafting Solution-Oriented, Creative Agreem ents ....................................... 228 E. Fostering Acceptance of Agreements .............. 230 III. Benefits of the Negotiation Counsel Model ............ 233 * The keen minds and pens of H. Abigail Moy and Adam Lyons were indispen- sable in the creation of this article. Getting to know them and watching their minds at work expands my optimism about our common future. I wish to express my deep- est gratitude to Professor Lawrence Susskind, for without his encouragement and keen insights this article would not have been written. I am also profoundly thankful to Professor Roger Fisher for his review of a draft of this article and his suggestion that I write about what I have learned and experienced. I appreciate Professor Michael Wheeler taking the time to read a draft of this article and share with me his finely honed perspectives on negotiation. To the team at Covenant Transport, Inc., that puts the ideas in this article into action, and to the firm of Scopelitis, Garvin, Light, Hanson & Feary, through which I act as negotiation counsel for other compa- nies, I express my sincere thanks. 211

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