Strategic Negotiation and Mediation in Personal Injury and Insurance Defense Cases

Effective negotiation is not a one-day event - it's a process that begins long before mediation and continues long after a settlement is reached. In this CLE program, attorney Jonathan Schutrum  explores how legal professionals can elevate their negotiation and mediation skills in the context of personal injury and insurance defense litigation. Through a structured, five-phase framework - Preparation, Positioning, Exchange, Closure, and Post-Deal Management - attendees will learn how to maximize leverage, manage risk, frame value propositions, and build a reputation that drives better outcomes. The session draws on real-world case studies and offers actionable insights into the psychology, timing, and communication tactics that separate reactive deal-making from proactive legal advocacy. Whether you represent plaintiffs or defendants, this course will deepen your negotiation playbook and help you turn disputes into strategic opportunities.

Learning Objectives:

1. Apply a process-based approach to negotiation that spans preparation, execution, and post-resolution strategy
   

2. Develop risk-informed negotiation tactics by conducting fact-based research, opponent profiling, and litigation exposure analysis
   

3. Utilize communication and positioning techniques that build credibility, manage expectations, and establish negotiation leverage
   

4. Design effective offer and counteroffer strategies that reflect not only monetary value, but underlying motivations and interests
   

5. Implement best practices for finalizing, documenting, and maintaining professional relationships after a case resolves