Employment lawyers know that their most important activity in employment litigation occurs during settlement negotiation. Almost every employment dispute is settled before trial. Yet the gap between the amount of bargaining preparation and trial prep is often alarming. The same lawyers who conduct discovery, trial, and appeals with meticulous preparation may wing it at the bargaining table. Parties, also, give back-of-the-hand attention to early settlement talks, failing to budget for up-front preparation under the assumption that later opportunities will arise. Opportunity for cost-effective resolution is thus squandered. This article advocates that more attention be paid to early settlement and recommends successful strategies.
